New York Supreme Court, 1808

M'Carty v. Sherman

M'Carty v. Sherman
New York Supreme Court · Decided August 15, 1808
3 Johns. 429

Counsel

Henry, for the plaintiffs in error., Sedgwick, contra,

M'Carty v. Sherman

Opinion of the Court

Per Curiam.

The objection to the certificate of the former justice, as evidence, was well founded. It ought to have been proved by the justice himself, who gave the judgment, or a sworn copy of his minutes should have been produced. In the case of Kellogg v. Mauney, the evidence of the certificate was not objected to, and was, therefore, considered as admitted. The judgment below must be reversed.

Judgment reversed.

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