Cooper v. Mullin

Supreme Court of New Jersey

Cooper v. Mullin

3 N.J.L. 107

DecidedSeptember 15, 1806

StatusPublished

This text of 3 N.J.L. 107 (Cooper v. Mullin) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooper v. Mullin, 3 N.J.L. 107 (N.J. 1806).

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Opinion

Br the Court.

— This judgment cannot be supported. If the defendant doth not appear after he hath been legally summoned, the justice, unless he thinks proper to adjourn the trial, must proceed to hear and determine the cause in his absence; there is no cause of action confessed, or even tacitly acknowledged. The plaintiff must proceed to prove his demand, the same as in other cases; and if he fail in doing it, the justice must render judgment against him. Here is a judgment without proof,

Let it be reversed.

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Br the Court.

— This judgment cannot be supported. If the defendant doth not appear after he hath been legally summoned, the justice, unless he thinks proper to adjourn the trial, must proceed to hear and determine the cause in his absence; there is no cause of action confessed, or even tacitly acknowledged. The plaintiff must proceed to prove his demand, the same as in other cases; and if he fail in doing it, the justice must render judgment against him. Here is a judgment without proof,

Let it be reversed.

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Bluebook (online)

3 N.J.L. 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-mullin-nj-1806.