Maxwell v. Stewart

Citations

• 88 U.S. 71
• 22 L. Ed. 564
• 21 Wall. 71
• 1874 U.S. LEXIS 1342

Syllabus

<p>1. Where there is no assignment of error, the defendant in error may either move to dismiss the writ, or he may open the record and pray for an affirmance.</p> <p>2. In a suit upon a judgment of a sister State, objections to the form and sufficiency of the evidence offered to prove the record on which the action is brought cannot be sustained; the document offered being properly certified to be “ a true and faithful copy of the record of the proceedings had in the cause.”</p> <p>3. Nor is it a valid objection against the jurisdiction of the court rendering the judgment that the record shows that the cause was tried without the intervention of a jury, and did not show that a jury had been waived as provided by statute.</p>