¶1— It was incumbent on the plaintiff to establish the existence of the record, upon which he relied for the maintenance of the action. He introduced no proof whatever of the authenticity of the hook, containing the alleged record. He did not show, that it had been in the possession of the *368justice, arid used by him as a book of records, or that it came from his hands. There should have been some satisfactory evidence of its genuineness, other than the book itself. Sumner v. Sebec, 3 Greenl. 222; Baldwin v. Prouty, 13 Johns. 430; Turnpike Co. v. McKean, 10 Johns. 155; Whitman v. Granite Church, 24 Maine, 236. Objection was made to the introduction of the book, and the plaintiff should have furnished the requisite evidence. Plaintiff nonsuit.
33 Me. 367
Wentworth v. Keizer
Supreme Judicial Court of Maine
Decided July 1, 1851
Supreme Judicial Court of Maine · decided 1851-07-01
On Report from Nisi Prius, Tenney, J. Debt on a judgment, alleged to have been recovered before a justice of the peace. Plea, nul tiel record. The plaintiff introduced a book, containing what he stated to be the justice’s record. The book was objected to, and was not supported by any other evidence than itself.
Relies on Dorr v. Munsell · President of the Highland Turnpike Co. v. M'Kean
Good law ✅— No negative treatment on recordhow we know
Decided 1851-07-01
How this case has been cited
Cited by 8 later decisions — most recently February 1970
8 state decisions
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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