Flickinger v. McKesson

SLOANE, J.

This is an action by the assignee on a foreign judgment. Defendant appeals from the judgment here under the alternative method. The only errors assigned are as to the sufficiency of the identification! and authentication of the record from the district court oí the state of Iowa, where the judgment sued on was obtained, and of the assignment thereof to plaintiff.

We find no merit in the appeal.

In the first place, our attention is called to an exhibit in the record, being marked Defendant's Exhibit 3, Exemplified Abstract of Judgment in the original suit, with certificate of the clerk of the court in which the matter was pending of the subsequent assignment of the judgment to the plaintiff here. The facts therein set forth, if bidding on the defendant—as they appear to be, he having introduced them in evidence—are sufficient to support the judgment here appealed from. But aside from this, the exhibits, to the introduction of which defendant takes exception, were sufficiently proved and authenticated to admit them as evidence.

[1]

The first exception is to Plaintiff’s Exhibit 1, being a certificate of the clerk of the Iowa court to the record supporting the original judgment, on the ground that it fails to certify “that the papers are copies of the originals on file in this office.” What the clerk does certify is that the papers .therein enumerated “are true and correct copies” of-certain enumerated records, “as full and complete as the same remains on file and of record in my office.” As the copies enumerated include all that is necessary to prove the judgment, and are of .the records on file, we see no reason to question the sufficiency of the certificate, so far as the specified ground of the objection goes.

[579]

[2]

The second specification is alleged error in admitting in evidence Plaintiff’s Exhibit 2, being the certificate of authentication, because of certain unexplained erasures. The typewritten certificate of the clerk to the judgment record, and the certificate of the judge to the clerk’s attestation, contain the following descriptive words in each reference to the clerk: “I, J. N. Tollinger, County Clerk of the County of Pottawattamie, State of Iowa, and