Nichols v. Hewit
New York Supreme Court
IN error on certiorari, from a iustice’s court, ° e e After the parties had appeared in the suit below, and „ . . were ready to proceed to trial, they agreed to submit th e cause to the arbitrament of the justice and another person; and that their award should be final, and conclusive, and that the justice should enter a judgment for the sum awarded.
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IN error on certiorari, from a iustice’s court, ° e e After the parties had appeared in the suit below, and „ . . were ready to proceed to trial, they agreed to submit th e cause to the arbitrament of the justice and another person; and that their award should be final, and conclusive, and that the justice should enter a judgment for the sum awarded. After the arbitrators had agreed on the balance due to Hewit, of 11 cents, but before the same was made known, the justice asked the parties, whether a judgment should be entered, agreeably to the award, to which they agreed, and the justice…
1Per 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 *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.
2Cited by1 opinion
- Little v. DyerIllinois Supreme Court · 1891