Moore Adm'r v. Carson

Decided July 1, 1854

Texas Supreme Court · decided 1854-07-01

Suit was brought by the appellee against the appellant as administrator, on a promissory note made by his intestate. The affidavit which accompanied the note when presented to the administrator, was made before R. 0. Pearson, Presiding Justice of the. Court of Pleas and Quarter Sessions for the County of Burke, in the State of ISTorth Carolina, and was signed and sealed by the Judge.

Decided 1854-07-01

Wheeler, J.

¶1The language of the statute is, that if the affidavit, be “ made out of this State, it shall be made before some Judge of a Court of Eecord having a seal, and shall be attested by the seal of his Court.” (Hart. Dig. Art. 1158.)

¶2The fact, appearing by the certificate, that the Court in which the Judge presided, before whom the affidavit was made, had a Clerk and seal, was sufficient evidence that it was a Court of Eecord. And it was properly attested by the Clerk, by his official seal. The Clerk of a Court of Eecord is, ordinarily, the official keeper of its seal; and the seal of the Court of which he is Clerk, is his official seal. '

¶3Judgment affirmed.