Fordyce v. Wolff

Appellate Terms of the Supreme Court of New York

Fordyce v. Wolff

155 N.Y.S. 199

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 25, 1915

StatusPublished

This text of 155 N.Y.S. 199 (Fordyce v. Wolff) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fordyce v. Wolff, 155 N.Y.S. 199 (N.Y. Ct. App. 1915).

Pincite

Opinion

SHEARN, J.

The exemplified copy of the record in judicial proceedings of courts of foreign states is admissible in evidence, when attested by the clerk of such court and the seal of the court annexed thereto, if there be a seal. The documents attached to the alleged exemplified copy of the judgment show that the court had a seal, for the seal is affixed to them. The clerk, however, omitted to affix the seal to the exemplified copy of the judgment.

Defendant’s objection thereto; although purely technical, was valid, and as, in the absence of this document, there was no evidence of a recovery o-f the judgment, the judgment appealed from must be reversed, and a new trial ordered, with costs to appellant to abide the' event. All concur.

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SHEARN, J.

The exemplified copy of the record in judicial proceedings of courts of foreign states is admissible in evidence, when attested by the clerk of such court and the seal of the court annexed thereto, if there be a seal. The documents attached to the alleged exemplified copy of the judgment show that the court had a seal, for the seal is affixed to them. The clerk, however, omitted to affix the seal to the exemplified copy of the judgment.

Defendant’s objection thereto; although purely technical, was valid, and as, in the absence of this document, there was no evidence of a recovery o-f the judgment, the judgment appealed from must be reversed, and a new trial ordered, with costs to appellant to abide the' event. All concur.

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Bluebook (online)

155 N.Y.S. 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fordyce-v-wolff-nyappterm-1915.