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2 Me. 336

Coburn v. Murray

Supreme Judicial Court of Maine

Decided June 15, 1823

Supreme Judicial Court of Maine · decided 1823-06-15

<p>Practice. Consent of parties cannot be received to give validity to a bill of exceptions, unless it is certified by the Judge to be conformable to the [truth of the case.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1823-06-15

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently January 1912

1 federal appellate · 1 state decisions

101823183018401850186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1This was a writ of error to reverse the judgment of a Justice of the peace in a military case. It appeared that the bill of exceptions was not filed at the trial, the counsel agreeing that it might be filed at a subsequent day, which was done, at which time the Justice could only certify that he believed it was conformable to the truth of the case, but not that it actually was so, having no minutes of the trial.

¶2But the Court refused to sustain the writ, observing that they could not take jurisdiction of a record made up by agreement of parties, and without the regular authentication of the Judge or magistrate who tried the cause, and before whom the. record still remains.

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