Nichols v. Hewit

New York Supreme Court

Nichols v. Hewit

4 Johns. 423

New York Supreme Court·Decided August 15, 1809·Published·Cited by 1 cases

Opinion

Per Curiam.

The defendant below confessed judgment for the amount of an award, before it was published j and then the justice declared it to be in favour of the [424]*424defendant in error, for 11 cents, and entered judgment accordingly. A confession of judgment ought to be for a certain and specified sum. The justice had no power to enter judgment, on a cognovit for an uncertain and unliquidated amount. The judgment must be reversed.

Judgment reversed.

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Per Curiam.

The defendant below confessed judgment for the amount of an award, before it was published j and then the justice declared it to be in favour of the [424]*424defendant in error, for 11 cents, and entered judgment accordingly. A confession of judgment ought to be for a certain and specified sum. The justice had no power to enter judgment, on a cognovit for an uncertain and unliquidated amount. The judgment must be reversed.

Judgment reversed.

Nichols v. Hewit, 4 Johns. 423 (N.Y. Super. Ct. 1809).

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Opinion

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