A judgment is not invalidated by the want of the attestation of the person who, at the date of the judgment, held the office of clerk of the court by which the judgment was rendered. It may be proved by a copy attested by the clerk of another court, to whose custody the record has been by law transferred, and who is the proper officer to make and certify copies thereof.
STANLEY, J.
The attestation of the judgment by the clerk of the common pleas is not indispensable. Willard v. Harvey, 24 N.H. 344; Hall v. Manchester, 40 N.H. 410; Sumner v. Sebec, 3 Me. 223. If it were prescribed by statute, the statute would be directory, and other evidence of the authenticity of the record would be received. Secombe v. Steele, 20 How. 94, 102. The clerk of the superior court, having the custody of the records of the common pleas, is the proper officer to furnish copies of those records, and his certificate is evidence of what there are. Carlisle v. Thompson, 5 N.H. 411; Mahurin v. Bickford, 6 N.H. 567, 570, 571; Hall v. Manchester, supra; 1 Greenl. Ev., s. 506.
Motion denied.
ALLEN, J., did not sit.