Dorr v. Birge

By the Court, Parker, J.

We are met on the threshold of the examination of this case, by the objection that the judgment of the county court, which the appellant now seeks to reverse, was rendered by default; and it is contended that in such *352case the judgment ought to be affirmed, or the appeal dismissed. If this objection is well taken it will be unnecessary to examine the merits of the controversy as it existed in the justice’s court.

In Cheetham v. Tittotson, (5 John. 430,) the late court for the correction of errors reversed on error a judgment rendered in the supreme court by default. The…