Cudner v. Dixon
10 Johns. 106
N.Y. Sup. Ct.1813Check TreatmentIt has been frequently decided, that though the defendant makes default before a justice’s court, yet the plaintiff must prove his demand in the same manner as if he had appear-e(j and denied it. The act says, that if the defendant does not , „ , , appear, and the summons is returned, personally served, or if he does appear, &c. the justice shall proceed to hear and examine the proofs and allegations, &c. !}•})
Judgment reversed.