Jenkins v. Kinsley

Jenkins v. Kinsley. ON a trial by record of an action brought upon a judgment rendered in the circuit court of the United States, for the commonwealth of Massachusetts, office copies were offered in evidence. Williams, for the defendant, objectedthatthere ought either to be an exemplification of the record ; or that the action, being brought in a court of this state, upon a record of a judgment rendered in a circuit, court in Massachusetts, the record ought, agreeably to the act of Congress, to have the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief-jus-lice, or presiding magistrate, that the attestation is in due form. [MAJORITY — Per Curiam..] Per Curiam.. This being a record of a court of the United States, and not of a state court, and so not within the act of Congress, prescribing the mode in which the records and judicial proceedings of the courts of any state shall be authenticated, it remains with the court to decide upon the sufficiency of the evidence in their discretion. The mode of certifying a record observed in the present instance, being the ordinary method in the commonwealth of Massachusetts, instead of the technical exemplification, the court are of opinion, it is sufficient