Wilson’s Red Book, 51
Court of Common Pleas of Delaware, Kent County.
November, 1794.
Plaintiff proved the taking. Defendant says he was entitled to the desk, for he recovered a judgment before Jacob Stout against plaintiff and levied upon the desk and offered in evidence a transcript or copy of the record certified by Benjamin Stout, Junior, and offered to prove it a true transcript by him.
Clark objects that it is a copy; it ought to be an original especially when it may be had.
Miller reads the Act of Assembly to show that magistrates are empowered to make transcripts, and says it is the only proper evidence. The record should not be transferred.
CURIA. HOW was the paper obtained?
Miller answered that the justice is incapable, and proves by his son it is a true transcript, and made at his father’s request and by his direction at the request of defendant.
PER CURIAM.
Let the paper be read to the jury and have its weight.
Verdict for defendant
Page 51