Kerker & Willetts v. Carter

1 Hill & Den. 101

Opinion

By the Court, Bronson, J.

Although the cause was called in its regular order on the calendar, the defendant refused to appear, and his default was entered. Both parties treated it as an inquest at the time, and the defendant cannot now be allowed to change his ground.

The case of Green ads. Willis, (1 Wend. 78,) was virtually overruled by Hartness v. Boyd, (5 Wend. 563,) which we think lays down the true rule, and was properly followed by the judge.

New trial denied.