The cases of Dando v. Doll and Tremper, (2 Johns, Rep, 87.) and the Bank of Columbia v. Newcomb and others, (6 Johns. Rep. 98.) decide this point. We there consider the judgment against the party not brought into court, as prima facie evidence of a debt, reserving to him the right to enter again into the merits, and Show that he ought not to have been charged. 1 '
Judgment affirmed.
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