Farmer v. Orme

WORKS, P. J.

The original plaintiff was the assignee of a judgment against defendant, rendered by the Supreme Court of the Province of Ontario, Canada. The present action was based upon this judgment. The decision was for plaintiff and defendant appeals.

Appellant objects that the Canadian judgment was improperly received in evidence. An attempt was made by respondent to lay a foundation for the introduction of the judgment in compliance with the provisions of section 1906 of the Code of Civil Procedure and we think it was a successful one. Appellant objects to the reception of the judgment on the ground that the certificate of the clerk of the court, or registrar, which accompanied it, named “Edmund Hurley” as the registrar, while the instrument was signed merely “E. Hurley”. This certificate was accompanied by one purported to have been made by “the Right Honorable Sir William Mulock, Chief Justice of the Province of Ontario”, but it was signed simply “W. Mulock”. The reception of the judgment in evidence is assailed also because of this variance. The two certificates mentioned were accompanied by one executed by the vice-consul of the United States at Toronto. In this certificate it was said, “Sir William Mulock, whose name is subscribed to the paper hereto annexed, was at the time of subscribing the same, chief justice of the province of Ontario . . . and that I am well acquainted with his signature and handwriting and that the signature is genuine.” This language sufficiently vouches for the fact that Sir William was chief justice and that his hand attached the signature to the certificate pur

[630]

porting to come from him. Sir William’s certificate recited that “Edmund Hurley, whose signature is subscribed to the annexed certificate, is the senior registrar of the Supreme Court of Ontario, and is the. legal keeper of the records of said court, . . . and that I am well acquainted with his signature, and that his signature attached to the said certificate is genuine, . . . and that the attestation of the said certificate by the said senior registrar is in due form.” Sir William having been vouched for by the vice-consul, the certificate of the former legally settles the question that Edmund Hurley was the registrar of the court and that the signature at the close of his certificate was made by him. It should be remarked also that the official seal of the court accompanied the certificate issued by Hurley, as required by section 1906. The provisions of the section were complied with and the judgment was properly received in evidence.