Smallwood v. Violet

U.S. District Court

Decided November 15, 1808

U.S. District Court · decided 1808-11-15

This was an action upon a judgment of J. Franklin, a justice of the peace of Charles county, in Maryland. ottered in evidence a paper purporting to be an execution issued by J. Franklin, against the defendant, and in favor of the plaintiff, upon which there was a certificate of the clerk of Charles county, that J. Franklin was a justice of the peace. objected that the commission of the justice should be produced.

Decided 1808-11-15

¶1But

THE COURT(CRANCH, Chief Judge, absent,)

¶2reminded him of the agreement of the members of the bar of the 17th July, 1807, “that copies of records of any state court should be received in evidence if certified and authenticated in such manner as would make them evidence in the courts of the state from whence they are br ight;” and overruled the objection.

¶3Mr. Lee, then objected, that the execution is not the.proper evidence of the judgment; and that a copy of the judgment ought to be produced.

¶4And THE COURT, being of that opinion, the plaintiff became nonsuit.