Thompson v. Manrow
| Decision Date | 01 April 1851 |
| Citation | 1 Cal. 428 |
| Parties | THOMPSON v. MANROW. |
| Court | California Supreme Court |
APPEAL from the Superior Court of the City of San Francisco. The facts are stated in the opinion of the Court.
——, for Plaintiffs.
John Chetwood, for Defendant.
By the Court, BENNETT, J. The action was brought upon a judgment of the Court of Common Pleas of the City of New York.
Two points are made by the appellants: one, that the certificate of exemplification is insufficient; the other, that there is no proof that the John P. Manrow sued here is the same John P. Manrow against whom judgment was rendered in New York. I think neither position tenable.
The exemplification of the record is attested by the Clerk under the seal of the Court, and the presiding Judge of the Court certifies that the attestation is in due form of law. This is all that is required by the Act of Congress of May 26, 1790. (Peter's U. S. Statutes, vol. 1, p. 122; 1 Green-leaf Ev. Sec. 504 to 507.)
As to the second point: The authorities establish that, prima facie, John P. Manrow, against whom the judgment in New York was obtained, is the John P. Manrow now sued.
Judgment affirmed.
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Nidever's Estate, In re
...Community Hospital, supra. The presumption of identity of person from identity of name has long been recognized in California. Thompson v. Manrow, 1 Cal. 428; McKinley Bros. v. McCauley, 215 Cal. 229, 234, 9 P.2d 298; In re Estate of Horgan, 93 Cal.App. 36, 40, 268 P. People v. Wong Sang Lu......
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Weldon v. Fisher
...but if the record fails to demonstrate the identity, it may be shown by evidence aliunde. Garwood v. Garwood, 29 Cal. 514; Thomson v. Maurow, 1 Cal. 428. (b) As as the defendant can be identified as the one against whom the judgment was rendered, he is as much bound by the judgment as those......
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Bryan v. Pinney
...that identity of name is prima facie identity of person. 1 Greenleaf on Evidence, sec. 575, note; Taylor on Evidence, sec. 1860; Thompson v. Manrow, 1 Cal. 428; v. Smith, 16 Cal. 554; Garwood v. Garwood, 29 Cal. 520; Brown v. Metz, 33 Ill. 343, 85 Am. Dec. 277; Gitt v. Watson, 18 Mo. 274; S......
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Bryan v. Kales
... ... court, very well apply to such a case. To the same effect are ... the cases of Thompson v. Manrow, 1 Cal ... 428, and Campbell v. Wallace, 46 Mich. 320, ... 9 N.W. 432. The cases of Gitt v. Watson, 18 ... Mo. 274, and Jackson v ... ...