
    Wright against Murray.
    ALBANY,
    August, 1810.
    The certificate of the clerk of the circuit, is dence^that^a trMat flie d°sait-
    D. WOOD, for the defendant, moved for a judgment . r . .... - as. m case or nonsuit, for not proceeding to trial m this cause. He produced the certificate of the clerk of the Cayuga circuit, stating, that the.cause was not tried at the last circuit held in that county.
    
      Kellogg, contra,
    objected that the clerk’s certificate was not sufficient; but that there should have been an"affida-'i vit that the cause had not been tried, &c,
   Per Curiam.

The certificate of the clerk of the circuit, who is the proper officer of the court, ought to be received, and is sufficient evidence of the fact.

Rule granted.  