Martin v. Moss
New York Supreme Court
IN error, on certiorari. On receiving a paper, together with a note, purporting to be signed by the defendants below, authorizing the justice to confess judgment, the justice, from his knowledge of the handwriting of the defendants, and without any process, or other proof, entered a judgment, by confession, for the plaintiffs below, The cause was submitted to the court, without argument.
1Per curiam
The justice could not legally enter a judgment, unless the defendant appeared in person, or by attorney, before him, in court, and confessed judgment, or had been duly summoned, as in ordinary cases.
2Cited by2 opinions
- Griffin v. MitchellNew York Supreme Court · 1824
- Colvin v. LutherNew York Supreme Court · 1828