Miller v. Keen

Circuit Court of the 43rd Circuit of Michigan

Miller v. Keen

1 Mich. N.P. 238

CourtCircuit Court of the 43rd Circuit of Michigan

DecidedJuly 1, 1870

StatusPublished

This text of 1 Mich. N.P. 238 (Miller v. Keen) is published on Counsel Stack Legal Research, covering Circuit Court of the 43rd Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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. ,

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Bluebook (online)

1 Mich. N.P. 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-keen-micirct43-1870.