Cudner v. Dixon

New York Supreme Court

Cudner v. Dixon

10 Johns. 106

DecidedJanuary 15, 1813

StatusPublished

This text of 10 Johns. 106 (Cudner v. Dixon) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cudner v. Dixon, 10 Johns. 106 (N.Y. Super. Ct. 1813).

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Opinion

Per Curiam.

It 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. !}•})

Judgment reversed.

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Per Curiam.

It 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. !}•})

Judgment reversed.

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Bluebook (online)

10 Johns. 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cudner-v-dixon-nysupct-1813.