7 Wend. 435
Decided October 15, 1831
New York Supreme Court · decided 1831-10-15
Demurrer to declaration. The declaration is in debt on a justice’s judgment rendered in Vermont.
Good law ✅— No negative treatment on recordhow we know
Decided 1831-10-15
Cited by 6 later decisions (1 by the Supreme Court) — most recently March 1894
4 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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¶1By the Court,
¶2The declaration is no doubt defective in not setting forth facts sufficient to give jurisdiction to the justice. The statute giving jurisdiction to the justice ought to have been pleaded. It is well settled that the general averment of jurisdiction is not enough. 3 Wendell, 267. 6 id. 438. The defendant must have judgment; leave, however, is granted to the plaintiff to amend on payment of coxsts.