Brown v. Adair

Supreme Court of Alabama

Brown v. Adair

1 Stew. & P. 49

Supreme Court of Alabama·Decided July 15, 1831·Published

Opinion

Crenshaw, J.

The error relied on in this case is, that on the trial in the Court below, the presiding Judge excluded from the jury the exemplification of a judgment obtained in Kentucky, on the ground that the Judge who certified the record, did not state in his certificate that the Clerk who attested the record, was Clerk at the date of his attestation.

The statute of the United States, passed May 1790, provides “ that the records and judicial proceedings of the Courts of any State shall be proved or admitted in any other Court within the United States, by the attestation of the Clerk, and the seal of the Court annexed, if there be a seal, together with a certificate of the Judge, Chief Justice, or presiding magistrate, as the case may be, that the said attestation is in due form.”

The statute requires the Judge to certify nothing more, than that the attestation of the Clerk is in duo form. It does not require him to certify that the Clerk wras Clerk at the date of his attestation, or at any other time; though it is difficult for the Judge to certify without shewing that he is Clerk.

We are therefore of opinion that the Circuit Court erred in excluding the exemplification, and that for this error the judgment must be reversed and the cause remanded.

We are' aware that in this adjudication, we are overruling a principle of decision settled in tho case [51]*51of Johnson vs. Howe's administrators, at the July term of this Court in 1829.

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Crenshaw, J.

The error relied on in this case is, that on the trial in the Court below, the presiding Judge excluded from the jury the exemplification of a judgment obtained in Kentucky, on the ground that the Judge who certified the record, did not state in his certificate that the Clerk who attested the record, was Clerk at the date of his attestation.

The statute of the United States, passed May 1790, provides “ that the records and judicial proceedings of the Courts of any State shall be proved or admitted in any other Court within the United States, by the attestation of the Clerk, and the seal of the Court annexed, if there be a seal, together with a certificate of the Judge, Chief Justice, or presiding magistrate, as the case may be, that the said attestation is in due form.”

The statute requires the Judge to certify nothing more, than that the attestation of the Clerk is in duo form. It does not require him to certify that the Clerk wras Clerk at the date of his attestation, or at any other time; though it is difficult for the Judge to certify without shewing that he is Clerk.

We are therefore of opinion that the Circuit Court erred in excluding the exemplification, and that for this error the judgment must be reversed and the cause remanded.

We are' aware that in this adjudication, we are overruling a principle of decision settled in tho case [51]*51of Johnson vs. Howe's administrators, at the July term of this Court in 1829.

Brown v. Adair, 1 Stew. & P. 49 (Ala. 1831).

Pincite

1 Stew. & P. 49 (Brown v. Adair) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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