Farley v. Sergeant

2 N.J.L. 141

Opinion

By the Court.

— We cannot affirm a judgment, until we see the state of demand, in order that we may judge of its sufficiency. But where there is no appearance of the defendant, and it appears by the transcript of the justice that a demand was filed, the plaintiff must take a rule on the justice to send up the state of demand; in case the defendant appears, he must, for his own protection, take the rule. Accordingly, a rule, in this case, was taken by the plaintiff.¹

1

Vide ante, *98 — Ed.