Legal Opinion

Bromaghin v. Thorp

New York Supreme Court

Decided October 15, 1818PublishedCited by 3 opinions

IN ERROR, on certiorari to a Justice’s Court. The judgment in this case was entered by the Justice on a written authority, or direction,signed by the defendant below, under seal, which authority was proved by the subscribing witness, before the Justice, when the judgment was entered.

1Per curiam

In the case of Martin v. Moss, (6 Johns. Rep. 126.) the authority to enter judgment was also in writing, but no proof of the signature was given, and the Justice acted from his own knowledge of the defendant’s handwriting. The court, however, did not seem to place any reliance on that circumstance ; but laid down the broad principle, that a 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. According to this principle, the judgment in question is…

2Cited by3 opinions

  1. Griffin v. MitchellNew York Supreme Court · 1824
  2. Colvin v. LutherNew York Supreme Court · 1828
  3. Newman v. McGregorOhio Supreme Court · 1832

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