Citation Numbers: 58 Pa. 106
Judges: Agnew, Prius, Read, Sharswood, Strong, Thompson
Filed Date: 2/10/1868
Status: Precedential
Modified Date: 2/17/2022
The opinion of the court was delivered, February 10th 1868, by
It is useless to examine in detail the errors assigned to the admission of the evidence. In substance they all come down to the same thing, that the officers of the United States engaged in the mustering in of volunteers cannot be called to prove their own acts and official papers, and that others who were actually present participating in the proceeding of putting in the
Nor do we perceive any error in the answers of the court to the points. The copies of entries on the books of the War Department certified by Secretary Stanton were in no proper sense records importing absolute verity and were not conclusive evidence of the facts stated therein. In point of reliability they were not so veritable as were the original certificates óf the mustering officers, from whose reports these entries in the department were made. The court gave all the weight that was proper to these so-called records.
This is a sufficient notice of the errors assigned to the answers to the 1st, 2d, 4th and 6th points. The. answers to the 8th and 9th points properly referred the facts' to the jury. Perceiving no error in the record the judgment is affirmed.