McMullin v. Mackey
New York Supreme Court
Appeal from Jefferson county court. Action by James L. McMulIin against John Mackey, in a justice’s court. A judgment of the justice in favor of plaintiff, on default of defendant, was affirmed by the county court, and defendant appeals. The complaint before the justice was in writing, and verified, and after the title was as follows: “ The plaintiff, for cause of action again'st the defendant, alleges that the defendant above named is a resident of the city of Watertown.
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Appeal from Jefferson county court. Action by James L. McMulIin against John Mackey, in a justice’s court. A judgment of the justice in favor of plaintiff, on default of defendant, was affirmed by the county court, and defendant appeals. The complaint before the justice was in writing, and verified, and after the title was as follows: “ The plaintiff, for cause of action again'st the defendant, alleges that the defendant above named is a resident of the city of Watertown. Was engaged in the business of keeping a hotel. That heretofore, on or about March 7,1887, the plaintiff left with…
1Opinion of the CourtMerwin, J.
The judgment in justice’s court was entered upon default of defendant, and without further proof than that furnished by the verified complaint. This was not sufficient under section 2891 of the Code, which provides that, if a defendant fails to appear and answer, the plaintiff cannot recover without proving his case. It is, however, claimed by the plaintiff that the judgment was authorized by the provision of chapter 414 of the Laws of 1881, and that is the question upon this appeal. By section 1 of that act, it is provided that, in any action brought in justice’s court, “arising on contract…
Also in this document: Concurrence.
2Cases cited4 opinions
- Wilkinson v. BayleyWisconsin Supreme Court · 1888
- Cemetery Board of Hyde Park v. TellerNew York Supreme Court · 1853
- Croden v. DrewThe Superior Court of New York City · 1854
- Goff v. EdgertonNew York Supreme Court · 1864
3Cited by5 opinions
- Harris v. SargeantOregon Supreme Court · 1900
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- Syracuse Moulding Co. v. SquiresNew York Supreme Court · 1891