Majority
Syllabus
Evidence. — Ship’s register.The register of a ship, or, in other words, an affidavit made by one of the defendants (who, however, was not in court, the return, with respect to him, being nonest inventus), stating that the ship belonged jointly to him and other- persons, being copied from the books of the naval officer, and certified under his seal of office, was allowed, after argument, to be read in evidence against the defendants.
And Shippen, President, mentioned the case of the protest of a master of a vessel, which had been allowed to be evidence in his favor. (See Nixon v. Long, ante, p. 6.)
The defendant’s counsel took a bill of exceptions to the opinion of the court, which, however, was never prosecuted, as the plaintiff eventually suffered a nonsuit.