Wilson

This is an action based upon a judgment rendered in favor of plaintiff and against defendant by the supreme court of the state of Vermont.

Judgment went for plaintiff, from which defendant appeals upon the judgment-roll accompanied by a bill of exceptions.

The existence of the judgment alleged in the complaint was by the answer denied. To prove the allegation plaintiff offered in evidence an exemplified copy of a document purporting to constitute the record of the proceedings had in the courts of Vermont and the judgment herein sued upon.

No evidence was offered tending to prove the laws of Vermont. In the absence of such proof, the laws of another state will be presumed to be the same as our own, and this rule applies to statutory as well as the common law. (Cavallaro v. Texas Ry. Co., 110 Cal. 348 , [ 52 Am. St. Rep. 94 , 42 Pac. 918 ]; O’Sullivan v. Griffith, 153 Cal. 502 , [ 95 Pac. 873 , 96 Pac. 323 ].) Section 668 of the Code of Civil Procedure of California provides that “The clerk must keep, with the records of the court, a book to be called the ‘ judgment-book, ’ in which judgments must be entered”; and section 664 of the same code provides that “in no case is the…