Kerker & Willetts v. Carter

New York Supreme Court

Kerker & Willetts v. Carter

1 Hill & Den. 101

DecidedJanuary 15, 1841

StatusPublished

This text of 1 Hill & Den. 101 (Kerker & Willetts v. Carter) 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

Kerker & Willetts v. Carter, 1 Hill & Den. 101 (N.Y. Super. Ct. 1841).

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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.

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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.

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Bluebook (online)

1 Hill & Den. 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerker-willetts-v-carter-nysupct-1841.

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