Bean

This action was upon a judgment rendered in the supreme court of the state of New York in and for the city and county of New York. Judgment was rendered as prayed for, and from it and an order denying a new trial, the defendant appeals. He makes the point in favor of his demand, that the certificate of the. clerk of the court authenticating the copy of the record of the judgment obtained in New York is not sufficient, because it does not show that the clerk was the legal keeper nor where the legal custody of such records belong, and the certificate of the judge as “presiding justice” is insufficient.

Section 1905 of the Code of Civil Procedure, under which a judicial record such as that now in hand can be proved, provides that “ a judicial record of this state or of the United States may be proved by the production of the original, or of a copy thereof certified by the clerk or other person having the legal custody thereof. That of a sister state may be proved by the attestation of the clerk and the seal of the court annexed, if there be a clerk and seal, together with a certificate of the chief judge or presiding magistrate that the attestation is in due form.”

Here the clerk…