3 Johns. 147
Decided February 15, 1808
New York Supreme Court · decided 1808-02-15
IN error on certioraru The plaintiff in error, having r ■ . ° beeti taken by a warrant, issued against him at the suit of the defendant in error: On the 2d of June, 1807, he indorsed, on the back of the warrant, a written request to ... . , . , . „ . the justice, to enter up judgment against him, tor whatever demand the plaintiff should have against him, to the satisfaction of the justice.
Decided 1808-02-15
¶1The authority to the justice to enter up the judgment, must be considered as a parol authority, and revocable by the defendant. What he stated to the justice, amounted to a revocation,"and a trial ought to have been had, to ascertain the amount due to the plaintiff, The judgment below must be reversed.
¶2Judgment reversed.