Manny v. Dobie

1 Cole. & Cai. Cas. 496 Court N.Y. Sup. Ct. English

Contents

Majority

p. 496

Gabriel Manny v. James Dobie.

Headnote

ON certiorari. The defendant below refused to plead, on which the justice awarded a venirey which was now assigned for error.

The judgment must be reversed. J b 1 he award of a venire was erroneous. It cannot be done on a judgment by default, or where the defendant does not plead. An issue must be joined.