Clayton’s Notebook, 45
Court of Common Pleas of Delaware, Kent County.
May, 1815.
In this case it was resolved by THE COURT:
1. That it is no part of the duty of a recorder to record a warrant of attorney relating to personal estate; and that although that officer may have recorded it, yet such record is not admissible as evidence.
2. That the dockets, from which it appeared that a judgment had been assigned by an attorney in fact in vacation before the clerk, might be laid before the jury to prove the assignment of
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the judgment, although the warrant of attorney be not produced or proved in any manner — not, however, as conclusive evidence of the fact.
NOTE. Ridgely said the record of an alienation bond had been determined to be admissible as good proof of the bond; which was not denied by the bar or bench.