United States v. Wilkinson
53 U.S. 246 (1851)

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U.S. Supreme Court

United States v. Wilkinson, 53 U.S. 12 How. 246 246 (1851)

United States v. Wilkinson

53 U.S. (12 How.) 246

Syllabus

Where the bill of exceptions purported to have been taken at April term, 1848, but the record showed that, at that time, no suit between the parties was pending and that the trial took place in April, 1849, the date of 1848 must be considered as a clerical error. The certificate from the circuit court showed that the bill of exceptions was regularly allowed upon the trial, and this must be conclusive upon this Court.

Where the suit was upon a postmaster's bond and the district attorney offered to read in evidence an authentic copy thereof, which the court refused to receive, this refusal was erroneous.

Although the presumption of law is in favor of the correctness of the court below where no reasons appear, yet, in this case, the record itself shows the error. If there was any fact which made the copy of the bond inadmissible, it ought to have been shown by the defendants and set forth in the exception.

The facts are set forth in the opinion of the Court.

Page 53 U. S. 251

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