Patten v. Hazewell

34 Barb. 421 | N.Y. Sup. Ct. | 1861

The Court

decided that where the defendant, hy his answer, denies all the facts stated in the complaint, judgment cannot he taken, even hy default, without evidence.

Judgment reversed, and new trial ordered; costs to abide the event

Clerke, Sutherland and Ingraham, Justices.]