O'Neill v Doran

• Jurisdiction: Ireland
• Judgment Date: 12 January 1876
• Date: 12 January 1876
• Court: Chancery Division (Ireland)

V. C. Court.

O'NEILL

and

DORAN.

Levitt v. LevittENR 2 H. & M. 626.

Parkis v. Date 1 Dan. Ch. Pr. 787, 5th Ed.

Parkis v. DateENR 4 K. & J. 300.

Practice — Affidavit — Foreign Court Certificate

Von. X.] EQUITY SERIES. 187 O'NEILT, v. DORAI\. Practice-Affidavit-Foreign Court Certificate. In the case of an affidavit sworn in Wisconsin, in the United States of America, a certificate of the Clerk of the Circuit Court of Walworth County, State of Wisconsin, was held sufficient evidence that the official before whom the affidavit was sworn had power to administer an oath (1). Y. C. Court. 1876. Jan. 12. MOTION on behalf of the Plaintiff for an order directing the Clerk of Records and Writs to receive and file an affidavit which he had refused to receive on the ground that it was not properly authenticated. The affidavit in question was made by T. D. Weeks, Esq., a legal practitioner in the United States of America, and was, sworn before one George W. Steele, who attested it as a Notary Public, Walworth. County, Wisconsin. The affidavit was authenticated by the following certificate :- " State of Wisconsin, I, Joseph F. Lyon, Clerk of the " Walworth County. ) Circuit Court of the' County of WalÂÂÂworth aforesaid, being a Court of Record, do hereby certify that George W. Steele, Esq., before whom the annexed affidavit purports to have been taken, was at its date a Notary Public in and for said county, and duly authorised by the laws of Wisconsin to take the same ; and that I am well acquainted with his handwriting, and verily believe his signature to be genuine, and that the annexed instrument is executed according to the laws of Wisconsin. And I certify that said T. D. Weeks has for the last sixteen years been a practitioner of this Court in good standing. " JOSEPH F. LYON, Clerk. Mr. R. R. Kane, in support of the application, relied on Levitt v. Levitt (2). (1) The marginal note to Levitt v. Levitt, 2 H. & M. 626 (adopted in 1 Dan. Ch. Pr; 788, n. (e), 5th Ed.), is, according to the report itself, inÂÂÂaccurate ; the certificate which was there held to authenticate a deposition having been under the seal of the Supreme Court of the City and County of New York, and not of the Supreme Court of the United States. (2) 2 H. & M. 626. 188 THE IRISH REPORTS. V. C. Court. THE VICE-CHANCELLOR referred to Parkis v. Date (1) and In re 1876. Earl's Trusts (2), as to the kind of verification necessary. O'NEELT. v. DonAN. Mr. Sane.-In Levitt...