{ "id": 5791176, "name": "Charles A. Hull v. Richard W. Webb", "name_abbreviation": "Hull v. Webb", "decision_date": "1898-10-27", "docket_number": "", "first_page": "617", "last_page": "622", "citations": [ { "type": "official", "cite": "78 Ill. App. 617" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "21 Ill. App. 348", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 2414839 ], "opinion_index": 0, "case_paths": [ "/ill-app/21/0348-01" ] }, { "cite": "70 Ill. 223", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5307983 ], "opinion_index": 0, "case_paths": [ "/ill/70/0223-01" ] }, { "cite": "14 Ill. 249", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2585573 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ill/14/0249-01" ] }, { "cite": "157 Ill. 225", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3141222 ], "opinion_index": 0, "case_paths": [ "/ill/157/0225-01" ] }, { "cite": "37 Ill. App. 23", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 859937 ], "opinion_index": 0, "case_paths": [ "/ill-app/37/0023-01" ] }, { "cite": "24 Ill. 113", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5286416 ], "opinion_index": 0, "case_paths": [ "/ill/24/0113-01" ] } ], "analysis": { "cardinality": 462, "char_count": 9582, "ocr_confidence": 0.557, "pagerank": { "raw": 2.7713766738522197e-07, "percentile": 0.8343644745311406 }, "sha256": "a6f7a9ff65f2827e8eb154d7dce0ebe84d341a2003da63ad7814425405f28bec", "simhash": "1:0c6bc03f42a79e31", "word_count": 1731 }, "last_updated": "2023-07-14T15:24:05.225079+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Charles A. Hull v. Richard W. Webb." ], "opinions": [ { "text": "Mr. Justice Adams\ndelivered the opinion of the court.\nAppellee sued appellant before a justice of the peace on a New York judgment, and recovered judgment before the. justice for the sum of $200 and costs of suit, and appellant appealed to the Circuit Court. The cause was, by agreement of the parties, tried in the latter court by the court, without a jury, and appellee again recovered judgment for $200 and costs. Appellant moved the Circuit Court to dismiss the suit for want of jurisdiction, on the ground that the justice of the peace had no jurisdiction, for the reason that the judgment sued on was for $207.75, being $7.75 in excess of the. jurisdiction of a justice of the peace.\nClause 6 of Sec. 1 of Art. 2, Chap. 79, Starr & Curtis\u2019 Annotated Statutes, enumerating the cases in which justices of the peace have jurisdiction, is as follows:\n\u201c Sixth. In all actions for damages for fraud i,n the sale, purchase or exchange of personal property, and in all cases where the actions of debt or assumpsit will lie if the damages claimed do not exceed $200.\n\u201c This section shall apply to claims originally exceeding $200 if the same shall, at the time of rendition of judgment, be reduced by credits or deductions to an amount not-exceeding $200.\u201d\nThe record shows that the demand made by appellee and indorsed on the summons' issued by the justice was $200. The statute, Art. 2, Sec. 5, provides that the justice shall indorse on the back of every summons the sum demanded by the plaintiff.\n\u201c The jurisdiction of the justice must depend on the amount claimed by the plaintiff.\u201d Raymond v. Strobel, 24 Ill. 113; see also Carpenter v. Wells, 65 Ib. 451, and Wright v. Smith, 76 Ib. 216.\nAppellant\u2019s motion was properly overruled.\nAppellant objected to the introduction in evidence of the transcript of the New York judgment on the alleged ground that it was not properly attested or certified. His objections are that it does not appear from the transcript that it is attested by the clerk of the court from the records of which the transcript was made, and that it does not appear from the transcript that the judge certifying was the judge of the court in which the judgment was rendered.\nThe signature to the attestation is \u201c R. Lutzerland, Dp. Clerk,\u201d and to the left of the signature is the impression of. a seal, circular in form. Just inside the margin and in the upper part of the impression are the words, \u25a0\u201c Clerk\u2019s Office for the County of Erie, N. Y.\u201d Below and close to the margin of the impression is the word \u201c Seal.\u201d The certificate of the judge is under the signature of the clerk and the seal, and is as follows:\n\u201c 1 hereby certify that the above attestation is in due form and by the proper officer. In witness whereof, I have hereto subscribed my name this 18th day of June, 1897.\nJohn S. Lambert,\nJustice Supreme Court.\u201d\nAppellant assumes that the letters \u201c Dp.\u201d before the word \u201c Clerk,\u201d mean deputy, and contends that the act of Congress does not authorize attestation by a deputy clerk, but only by the clerk.\nConceding the assumption that \u201c Dp.\u201d means deputy, we do not think appellant\u2019s contention can be .sustained. \u201c In an action on a judgment rendered in a sister State, judicial notice will be taken of the laws of that State, so far as it may be necessary to ascertain the faith and credit to be given to the judgment.\u201d Kopperl v. Nagy, 37 Ill. App. 23, and cases cited.\nThe parties to this cause stipulated in open court, on the trial, that the laws of the State of Hew York should be con- \u2022 sidered as being in evidence in relation to service of process, obtaining judgment, attacking the validity of judgments and interposing defenses to set aside judgments.\nThe statute of Hew York contains the following:\n\u201cThe clerk, by a writing, under his hand and seal of the court, filed in his office from time to time, must appoint and may at pleasure remove, a deputy clerk, who is entitled to a salary, fixed and to be paid as prescribed by law. Before entering upon his duties the deputy clerk must subscribe \u25a0 and file in the clerk\u2019s office the constitutional oath of office. While the clerk is absent from his office, or from the sitting of the court, or the office of the clerk is vacant, the deputy clerk has all the powers and is subject to all the duties of the clerk.\u201d Stover\u2019s N. Y. Annotated Oode of Civil Procedure, 4th Ed., p. 104, Sec. 200.\nIn Garden City Sand Co. v. Miller, 157 Ill. 225, a deed was put in evidence certified by a deputy register of deeds in his own name. It was objected to on the ground that the law required the certificate tobe by. the register, but the court overruled the objection, saying : \u201c The general rule is that the certificate of an officer, when made by a deputy, must be in the name of the officer. By section 609 of the statute of Michigan, which was in evidence, a register of deeds is authorized to appoint a deputy. Section 610 of the same statute is: In case of a vacancy in the office of the register of deeds, or his absence, or inability to perform the duties of his office, said deputy shall perform the duties of register during the continuance of such vacancy or disability. Under that statute, in the case of vacancy, or absence or inability of the officer, the deputy may act. The deputy, though a deputy merely, is made the officer, and a certificate made by such deputy, and signed as deputy, will be presumed to have been made by reason of a vacancy or because of absence or inability of the officer.\u201d\n. The same reasoning is applicable in the present case, in view of the New York statute quoted supra.\n, Appellant\u2019s counsel further objects that the seal of the court is not annexed to the attestation. It is not necessary, under the act of Congress, that it shall appear, either by the attestation of the clerk or the certificate of the judge, that the seal annexed is the seal of the court (Ducommun v. Hysinger, 14 Ill. 249), but in the present case it does appear in the attestation that the seal is the seal of the court, and the certificate of the judge is that the attestation is in due form.\nIt is further objected by appellant that the record does not show that the judge who certified was the judge of the Supreme Court in and for the county of Erie. The attestation of the clerk shows that John S. Lambert, who signed the certificate, was justice of the Supreme Court in and for the Fourth Judicial Department at Buffalo, and it is recited in the record as follows: \u201c We, having inspected the records and proceedings of our Supreme Court of the State of New York, in the office of the clerk of our said court, at Buffalo, in the county of Erie, do find,\u201d etc. But it is contended that it does not appear from the certificate that the certifying judge was the sole judge or the presiding judge of the court. . If he was the sole judge, then he was, of necessity, the presiding judge. It is provided by the statute of New York that \u201cA special.term or a trial term of the Supreme Court must be held by one judge.\u201d Stover\u2019s N. Y. Annotated Code of Civil Procedure, 4th Ed., p. 115a, Sec. 229.\nIn Horner v. Spellman et al., 78Ill. 206, the court say: \u201c The clerk has certified a transcript of the proceedings under the seal of the court, and the presiding judge of the court has certified .that the attestation is in due form. This is all the act of Congress requires.\u201d Citing Ducommun v. Hysinger, 14 Ill. 249.\nFinally, appellant objects that he was not properly served with process in Hew York. The Hew York court found that there was \u201c due proof of the service of the summons and complaint in the action upon the defendant, Charles A. Hull, personally.\u201d This is conclusive on appellant. Zepp v. Hagar, 70 Ill. 223; McMillan v. Lovejoy, 115 Id. 498; Harrison v. Hart, 21 Ill. App. 348.\nThe judgment will be affirmed.", "type": "majority", "author": "Mr. Justice Adams" } ], "attorneys": [ "A- Binswang-eb, attorney for appellant.", "David F. Matchett, attorney for appellee." ], "corrections": "", "head_matter": "Charles A. Hull v. Richard W. Webb.\n1. Jurisdiction\u2014Of Justices of the Peace.\u2014The jurisdiction of the justice depends on the amount claimed by the plaintiff.\n. 3. Judicial Notice\u2014Of the Laws of Sister States.\u2014In an action on a judgment rendered in a sister State, judicial notice will be taken of the laws of that State, so far as\u00a1it is necessary to ascertain the faith and\" credit to be given to the judgment.\n3. Officers\u2019 Certificates\u2014 When Made by Deputies.\u2014The general rule is that the certificate of an officer, when made by a deputy, must be in the name of the officer, but under statutes providing, in the case of vacancy, or absence of the officer, or inability to act, the deputy may act. A certificate made by a deputy and signed by him as such will be presumed to have been made by reason of such vacancy, absence or inability of the officer to act.\n4. Same\u2014Under the Act of Congress\u2014Presumption as to the Seal.\u2014 It is not necessary, under the act of Congress, for it to appear, either by the attestation of the clerk or the certificate of the judge, that the seal annexed is the seal of the court.\n5. Same\u2014What the Act of Congress Requires.\u2014Where a clerk of a court of record certifies to a transcript of proceedings under the seal of the court, and the presiding judge of the court certifies that the attestation is in due form, it is all the act of Congress requires.\nDebt, on a foreign judgment. Trial in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. John Gibbons, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.\nHeard in this court at the March term, 1898.\nAffirmed.'\nOpinion filed October 27, 1898.\nA- Binswang-eb, attorney for appellant.\nDavid F. Matchett, attorney for appellee." }, "file_name": "0617-01", "first_page_order": 627, "last_page_order": 632 }