377

Case No. 14,263.

TURNER v. WADDINGTON.

[3 Wash. C. C. 126.]1

Circuit Court, D. Pennsylvania.

Oct Term, 1811.

AUTHENTICATION OF RECORDS—DEBT ON JUDGMENT—PLEADING.

Upon the plea of nul tiel record to debt, on a judgment in another state, the seal of the court must be annexed to the record itself; and it is not sufficient, that it is annexed to the certificate of the judge of the court, authenticating the attestation of the clerk who certifies the record.

[Cited in Carpenter v. Ritchie (Wash.) 28 Pac. 382; Howe v. Nickerson, 14 Allen, 405; Kirschner v. State, 9 Wis. 145.]

Debt on a judgment recovered in a court in the state of Massachusetts; plea, no such record. The record produced, has only the attestation of the clerk, without the seal of the court annexed. But annexed to the record, is the certificate of the judge of the court, with the seal of the court attached to it, stating that the attestation of the clerk is in due form. This was objected to.

BY THE COURT. The seal ought to have been annexed to the record, of which the certificate of the judge is no part. Juror withdrawn by consent.

1 [Originally published from the MS. of Hon. Bushrod Washington, Associate Justice of the Supreme Court of the United States, under the supervision of Richard Peters, Jr., Esq.]

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