New York Supreme Court, 1800

Case v. Van Ness

New York Supreme Court · Decided January 15, 1800

1 Johns. Cas. 243

Counsel

Emott, for the plaintiff,, Woodworth., for the defendant

Opinion of the Court

Per Curiam.

This exception is fatal, as the defendant below did not appear, and the judgment against him was given by default,(a)

Judgment reversed.

See Stewart v. Meigs, 12 Johns. R. 417. Also Stewart v. Smith, 17 Wend. 517. For the form and general requisites of a certiorari to a justice of the peace, see Co wen’s Treatise, 2d edit, 1093, 1096.

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