3 N.J.L. 322
Decided November 15, 1807
Supreme Court of New Jersey · decided 1807-11-15
<p>ON CERTIORARI.</p> <p>Judgment in defendants absence, must be on evidence.</p> <p>This cause before the justice, had been adjourned to a particular day. On the day to which the cause had been adjourned, the justice made the following entry: — Plaintiff appeared/ judgment on default, for S91 68 debt, and 73 cents costs of suit. It did not appear by the record, that any witness had been examined. The reason assigned for reversing this judgment was, because the justice did not proceed in the absence of the defendant, to hear the cause; but rendered judgment for the plaintiff, to the amount of sum demanded, without any evidence whatever being proved or offered by the plaintiff, in support of the same.</p>
Cited by 1 later decisions — most recently April 1949
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1807-11-15
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¶1— This judgment cannot be sustained. It is evident from the record of the justice, that judgment was rendered without trial, grounded merely on the default of the defendant. In such case, the defendant [*] suffers no other injury by not appearing, than that of a trial in his absence; but there must be a trial to warrant the judgment.
¶2Judgment reversed.