Morrison v. Hinton

Citations

• 5 Scam. 457

Syllabus

<p>Error to Jo Daviess.</p> <p>1. Certificate — »/ magistracy. A clerk’s certificate of the official character of the ju'stice of the peace, which eerufies that he was such officer at the date of the certificate, is not evidence of the official character of the justice, at a prior time when he rendered a judgment which he has certified to; nor is such certificate of the clerk aided by the certificate of the presiding judge, that it is in due form of law.</p> <p>2. Evidence — error in excluding not always reversed. Where there is a valid objection to the admissibility of the certificate of a fact in evidence, but such certificate is excluded upon erroneous grounds, the judgment should not be reversed, if it appear that such objection could not have been removed at the time the certificate was offered, if it had then been made.</p> <p>Note. See La Fayette Bank of Cincinnati v. Stone, I Scam. 424; King v. Dale, 1 Scam. 513; Trader et al. v. McKee, 1 Scam. 558; Jackson v. The People, 2 Scam. 232.</p>