Miller v. Keen

Circuit Court of the 43rd Circuit of Michigan

Miller v. Keen

1 Mich. N.P. 238

Circuit Court of the 43rd Circuit of Michigan·Decided July 1, 1870·Published

Opinion

By the Court,

Blackman, J.

The simple point to the objection is, that there is no proof of the swearing of the affiant, because no seal is attached to the notary’s signature. Paragraph 461, C. L., does not say “ his certificate without a seal shall not be evidence.’’ The whole section, however, evidently refers to his acts under mercantile law, which requires a seal to his certificate.

It has never been the practice to affix his seal to acts authorized by the statute solely. ,

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By the Court,

Blackman, J.

The simple point to the objection is, that there is no proof of the swearing of the affiant, because no seal is attached to the notary’s signature. Paragraph 461, C. L., does not say “ his certificate without a seal shall not be evidence.’’ The whole section, however, evidently refers to his acts under mercantile law, which requires a seal to his certificate.

It has never been the practice to affix his seal to acts authorized by the statute solely. ,

Miller v. Keen, 1 Mich. N.P. 238 (Mich. Super. Ct. 1870).

Pincite

1 Mich. N.P. 238 (Miller v. Keen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.