Dodge v. Coddington

3 Johns. 146

Opinion

Per Curiam.

The act of the legislature authorises the court, to require the justice to return the evidence ; and if, on the return of the evidence, it does not appear sufficient to support the action, the court will "reverse the judgment; and we have often so decided. In the present case, there was a condition precedent, and the proof does not support the declaration.' The judgment below must be reversed»

Judgment reversed.