State ex rel. Gardiner v. Keech

Tuck, J., delivered the opinion of this court. At the trial below, after the plaintiff had established a prima facie case, under the Act of 1842, ch. 283, the defendant, to show that his intestate had been prevented from collecting the claims in his hands for the use of the plaintiff, offered to prove, by the docket entries of the justice before whom the judgments were rendered, and by the evidence of the justice himself, that the judgments had been superseded within the time limited by law, so that writs of fieri facias could not be sued out thereon, there being no evidence that any supersedeas had been signed by the parties, as required by the Act of Assembly. And he also offered, “in connection with the above mentioned entries,” in order to show that the claims mentioned in the constable’s receipt had been attached, certain other entries from the docket of the justice, and proved by the justice himself, purporting to be two judgments of condemnation, rendered upon attachments against the debtor of the present plaintiff at the suit of creditors of Duvall, to whom the receipt in this case was given by Turner, as constable, “whereupon the plaintiff objected to the admissibility of said entries, as evidence, to show that the defendant’s intestate had performed his duty as constable, or that the claims had been attached, or for the purpose of discharging the said defendant from liability in this case, but the court overruled said objections, and allowed said docket entries to be read to the jury, in connection with the receipt offered in evidence by the plaintiff, to show that