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Stocking v. Driggs

1 Cole. & Cai. Cas. 361 Court N.Y. Sup. Ct. English

Contents

Majority

p. 361
Jared Stocking v. Elliot Driggs.

Headnote

■ ERROR on a certiorari upon a judgment in a justice’s court.
From the return, it appeared that the action below was brought against the now plaintiff, as the
p. 362
maker of a promissory note for 20 dollars; that after a plea of non-assumpsit, the defendant below prayed an adjournment, which being granted, the plaintiff, Driggs, appeared on the day given. The record then went on thus: “ And the defendant not appear- “ ing, although solemnly called, I, the said justice, “ proceeded on the producing the said note by the “ said plaintiff, and gave judgment for the plaintiff (C on the said note, for the sum of,” &c.
Williams, for the plaintiff.
W. Van Ness, contra.

The judgment ought to have been e< on hearing the proofs and allegations”[1] of the parties. The judgment must, therefore, be reversed, for it was error in the justice to give judgment till he had proof of the note.

* 1 Rev. Lavas, 497.