Sheldon v. Hopkins
7 Wend. 435
N.Y. Sup. Ct.
1831
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By the Court,

Nelson, J.

The declaration is no doubt defective in not setting forth facts sufficient to give jurisdiction to the justice. The statute giving jurisdiction to the justice ought to have been pleaded. It is well settled that the general averment of jurisdiction is not enough. 3 Wendell, 267. 6 id. 438. The defendant must have judgment; leave, however, is granted to the plaintiff to amend on payment of coxsts.