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Phillips v. Cannon

Superior Court of Delaware
Jan 1, 1852
5 Del. 366 (Del. Super. Ct. 1852)

Opinion

Fall Sessions, 1852.

CERTIORARI to Justice Conaway.

Layton, for exceptant.


The record showed a service of the process; an appearance of the parties; an adjournment of the case; and that on the day the case stood adjourned to, the "plaintiff appeared; defendant absent; and after examining plaintiff's account, judgment for plaintiff for $6 47 debt and fifty-six cents costs."

The exception was, that the judgment was rendered by default without hearing the plaintiff's proofs. The Court inclined, at first, that, as the defendant had appeared on a former day, and this could not be called strictly a judgment by default, for want of an appearance, it would not be required that the record should show that the case was proved; but, upon consideration, they held that the object of the act of assembly was to secure a hearing on proofs, as well as allegations, whenever the defendant was absent at the trial, and on that principle they reversed the judgment.


Summaries of

Phillips v. Cannon

Superior Court of Delaware
Jan 1, 1852
5 Del. 366 (Del. Super. Ct. 1852)
Case details for

Phillips v. Cannon

Case Details

Full title:JOSHUA PHILLIPS vs. RACHEL CANNON

Court:Superior Court of Delaware

Date published: Jan 1, 1852

Citations

5 Del. 366 (Del. Super. Ct. 1852)