Supreme Court of New Jersey, 1809

Cooper v. Madara

Cooper v. Madara
Supreme Court of New Jersey · Decided May 15, 1809
3 N.J.L. 531

Cooper v. Madara

Opinion of the Court

By the Court.

— This must be a judgment without trial. The demand is of a nature to require proof by witnesses; none were sworn. The defendant was not present to con*400fess the right of action; but the justice rendered judgment on looking at the account. There must be a trial to justify a judgment in the absence of the defendant.

Judgment reversed.*

The case of Ridgway v, Hopewell, was reversed for the same cause, this term,

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