New York Supreme Court, 1813

Cudner v. Dixon

Cudner v. Dixon
New York Supreme Court · Decided January 15, 1813
10 Johns. 106
Cudner v. Dixon

Opinion of the Court

Per Curiam.

It has been frequently decided, that though the defendant makes default before a justice’s court, yet the plaintiff must prove his demand in the same manner as if he had appear-e(j and denied it. The act says, that if the defendant does not , „ , , appear, and the summons is returned, personally served, or if he does appear, &c. the justice shall proceed to hear and examine the proofs and allegations, &c. !}•})

Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.