Supreme Court of New Jersey May 15, 1833 (Penny v. Harrison)

lead-opinion

Hornblower C. J.

This was a judgment in the absence of the defendant, and the act of the legislature must be strictly pursued. The justice “ has no authority to proceed in the absence of the defendant, unless it appear by the return of the the constable, that the summons was “ duly served,” and the 6th section of the act constituting courts for the trial of small causes, Rev.