M'Carty v. Sherman

New York Supreme Court

M'Carty v. Sherman

3 Johns. 429

CourtNew York Supreme Court

DecidedAugust 15, 1808

StatusPublished

Cited by3 cases

This text of 3 Johns. 429 (M'Carty v. Sherman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M'Carty v. Sherman, 3 Johns. 429 (N.Y. Super. Ct. 1808).

Pincite

Opinion

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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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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Bluebook (online)

3 Johns. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcarty-v-sherman-nysupct-1808.

Opinion

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