Stoddard v. Holmes

Curia. By the adjournment of the cause to the 26th August, and the non-attendance of the Justice that day, the pause was discontinued. (West v. Critsinger, 4 John. 117.) The consent of the plaintiff and Stoddard, afterwards, gave the Justice jurisdiction as to them. But the defendant, Geege, did not appear,(a) nor- give his assent to the proceedings. The Justice erred also in admitting the declarations of Geege, who was strictly not a party to the cause, although judgment was rendered against him, Judgment reversed. Footnotes [(a)] Vid. Hubbard v. Spencer, (15 John. 244,) where the judgment was Rolden void, as against the defendant, for want of authority in Sherrill, who Appeared as attorney, an.d confessed judgment.