112 Ga. 521 | Ga. | 1900
The record discloses that the Little Rock Cooperage Company brought an action against Hodge, in the superior court of Pulaski county, of this State, upon a judgment which it alleged it had obtained against him in a court of record in the
In The Pulaski Circuit Court, Second Division.
State of Arkansas, ) County of PulasM. j ss. Be it remembered that on the 13th day of January, 1897, a day of the September term, 1896, of the Circuit Court of said county, the Honorable Joseph W. Martm, Judge of the Second Division of said court, berng present and presidmg, the followmg proceedmgs were had, to wit:
little Rock Cooperage Company, Plamtiff, vs. B. Holmes, J. S. Orem and M. T. Hodge, partners under the firm name of Holmes & Co., Defendant.
Comes said plamtiff by its attorney, P. C. Dooly, Esq., and the said defendant, M. T. Hodge, M person and by Ms attorney, J. M. Rose, Esq., and it appearing that no service has been had upon the other defendants herein, and both parties announcing themselves ready for trial, thereupon comes a jury of twelve good and lawful men, qualified electors of Pulasld county, who were duly selected, empaneled and sworn, and havmg heard the evidence adduced, argument of counsel, and Mstructions of the court, retired m charge
State of Arkansas, 1 County of Pulaski, f ss. I, Horace G. Dale, Clerk of the Circuit Court in and for said county, do hereby certify that the annexed and preceding page contains a true, complete, and perfe'ct transcript of the final judgment of said court in the case of the little Rock Cooperage Company vs. Holmes and Co., as the same now appears of record in my office in Circuit Court Record No. 15, Second Division, on page 598. In testimony whereof I have hereunto set my hand and affixfed my official seal, this 9th day of June, A.D. 1897. [Seal of the Circuit Court of
[Signed] Horace G. Dale, Pulaski County,
Clerk of the Circuit Court. Arkansas.]
State of Arkansas, County of Pulaski. S ss. I, Joseph W. Martin, sole and presiding judge of the Second Division of the Circuit Court of said county, do hereby certify that Horace G. Dale, whose genuine signature is subscribed to. the above certificate, is now, and was at the time of his signing the same, the duly elected, commissioned, qualified, and acting clerk of the Circuit Court in and for said county, that to all his official acts full faith and credit are and of right ought to be given, and that his said certificate is in due form of law. In testimony whereof I have hereunto set my hand and affixed my private seal, this 10th day of June, 1897.
[Signed] Joseph W. Martin, [Seal.]
Judge of the Second Division, Pulaski County Circuit Court.
State of Arkansas, ) County of Pulaski, j ss. I. Horace G' Dale, Clerk of the Circuit Court in and for said county, do hereby certify that the Honorable Joseph W. Martin, whose genuine signature is subscribed to the foregoing certificate, is now, and was at the time of signing the same, the duly elected, commissioned, qualified, and acting Judge of the
Pulaski County, [Signed] Horace G. Dale,
Arkansas.] Clerk of the Circuit Court, Pulaski County, Ark.
The objections to the introduction of this evidence, urged by the defendant, were as follows: “ 1st. The alleged record is not complete, for that no copy of the plaintiff’s petition or declaration, or defendant’s answer, or any return of any officer of service, or waiver of service, or process, is attempted to be set forth, and a transcript of the entire record is essential under the law. 2d. The alleged copy record, the verdict and judgment of the court, is on a separate sheet of paper from the certificate. A part of the sheet on which the alleged copy record is set forth is in writing, and a part is printed, and the paper is entirely different from the paper on which the certificates are written, and the sheet on which appears the copy record is attached to the sheet on which is the certificates, and there is no seal or other mark of identification on the sheet on which appears the copy record, and the seal of the court should be upon the record itself, and the attaching of the seal to the certificates on a different sheet of paper, as is done here, is not sufficient in law to verify the copy records so as to admit the same in evidence. 3d. The certificate of the clerk verifying the record alleges that the transcript was in the case of the Little Rock Cooperage Company vs. Holmes and Co., without more, and this is not a definite and full enough description to connect defendant with suit, it not appearing who composed the firm of Holmes and Co., and the certificate is not corresponding with the record in description of the case, and the certificate does not say it is a full and complete copy of all the record. 4th. The judge’s certificate does not, and the clerk’s certificate does not, show that the clerk signing the certificate was the chief clerk, but simply acting clerk. 5th. The verdict of the jury is against all the defendants sued, — B. Holmes, J. S. Orem, and M. T. Hodge, partners under the firm name of Holmes and Co.; and the judgment does not follow the verdict, being against M. T. Hodge indi
The court ruled that there was not enough of the record certified, but that he would admit the exemplification for what it was worth. The plaintiff read the record of the verdict and judgment to the jury, and closed. The defendant moved for a nonsuit which was granted. The plaintiff excepted, and brings to this court for review the judgment granting the nonsuit. The defendant filed a cross-bill of exceptions, assigning error upon the admission in evidence of the copy of the record of the verdict and judgment.
Still another objection was that the transcript and the certificates thereto were on different sheets of paper. It appears from the record that there were three different sheets of paper on which the transcript and certificates were written, but it further appears that all of the sheets “were attached together in the usual way at the top by mucilage and also by a brass fastener, or brad, through the top margin of the paper near the center.” We think, therefore, that the objection was properly overruled. There were other objections, as above set out, but we do not deem them of sufficient importance to require specific notice. It is sufficient to say that they should, all of them, have been overruled and the evidence admitted.
Judgment on main bill of exceptions reversed; on cross-bill affirmed.