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39 Me. 135

Holden v. Barrows

Supreme Judicial Court of Maine

Decided July 1, 1855

Supreme Judicial Court of Maine · decided 1855-07-01

On Exceptions, Howard, J., presiding. This was an appeal by defendant from the judgment of a justice of the peace in assumpsit. The general issue was pleaded. When the copy of the writ was read to the jury, defendant’s counsel presented what purported to be the original writ, and moved that the writ be abated and the proceedings quashed for want of a seal thereon.

Decided 1855-07-01

Shbpley, C. J.

¶1— The suit was entered in this Court on appeal from the judgment of a justice of the peace. In such cases the original writ is not presented. It remains with the justice. The appellant is required by the statute c. 116, § 11, to “produce a copy of the record and of all the papers filed in the case,” except depositions or other written evidence or documents, the originals of which are to be produced. The record is not liable to be explained or contradicted by parol testimony, or extraneous documents. A copy of the record regulai’ly authenticated is the legal and best evidence of it.

¶2If the motion might have been otherwise available it was made too late. Shorey v. Hussey, 32 Maine, 579 ; Brewer v. Sibley, 13 Met. 175.

¶3Exceptions sustained and action to stand for trial.

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