Carter v. Dallimore
The Superior Court of New York City
Appeal from a judgment rendered against the defendants in the marine court. The matters involved appear sufficiently in the opinion of the court.
1Opinion of the CourtBy the Court. Sandford, J.
The evidence in the court below, was entirely insufficient to warrant a judgment against the defendants. It is however contended by the plaintiff, that the default of the defendants to appear, dispensed with full proof; and that this court will not weigh the evidence.
1. As to the latter point, we are required by the code, to give judgment according to the justice of the case. (Section 317.) The principle laid down in Stryker v. Bergen, (15 Wend. 490,) is therefore applicable ; and a material defect of proof is fatal to the judgment below.
2. The marine court, although for some purposes a court…
2Cases cited1 opinion
- Stryker v. BergenNew York Supreme Court · 1836
3Cited by3 opinions
- Mills v. McCabeIllinois Supreme Court · 1867
- Porter v. BronsonNew York Court of Common Pleas · 1865
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873