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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.]
Document Info
Citation Numbers: 34 Barb. 421, 1861 N.Y. App. Div. LEXIS 119
Filed Date: 5/6/1861
Precedential Status: Precedential
Modified Date: 11/2/2024