Farmer

Farmer v. Orme

Good Law
131 Cal. App. 628·1933 Cal. App. LEXIS 836·21 P.2d 977
Court of Appeal of CaliforniaMay 5, 1933Docket No. 7743.California891 words

Opinion

Lead Opinion

Works, J.

The original plaintiff was the assignee of a judgment against defendant, rendered by the Supreme Court of the Province of Ontario, Canada. The present action was based upon this judgment. The decision was for plaintiff and defendant appeals.

Appellant objects that the Canadian judgment was improperly received in evidence. An attempt was made by respondent to lay a foundation for the introduction of the judgment in compliance with the provisions of section 1906 of the Code of Civil Procedure and we think it was a successful one. Appellant objects to the reception of the judgment on the ground that the certificate of the clerk of the court, or registrar, which accompanied it, named “Edmund Hurley” as the registrar, while the instrument was signed merely “E. Hurley”. This certificate was accompanied by one purported to have been made by “the Right Honorable Sir William Mulock, Chief Justice of the Province of Ontario”, but it was signed simply “W. Mulock”. The reception of the judgment in evidence is assailed also because of this variance. The two certificates mentioned were accompanied by one executed by the vice-consul of the United States at Toronto. In this certificate it was…

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