10 Johns. 106
Decided January 15, 1813
New York Supreme Court · decided 1813-01-15
IN ERROR, on certiorari, from a justice’s court. Dixon sued Cudner, béfore the justice, for work and labour, &c. The plaintiff appeared on the return of the summons, but the defend-being called, made default. The plaintiff exhibited his account to the justice, who, on the default of the defendant, gave judgment for the plaintiff, without any proof of the plaintiff’s déj mand*
Good law ✅— No negative treatment on recordhow we know
Decided 1813-01-15
Cited by 8 later decisions — most recently March 1924
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1It 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. !}•})
¶2Judgment reversed.