If a defendant, brought into the Court of Chancery by service of process, does not appear therein according to the rules of such Court, the Court may proceed to hear and determine the cause as if the defendant had actually appeared.
If any such defendant is in custody, or within the county, a copy of any judgment, made in the case, shall be served upon the defendant before any process shall issue in execution, or for the performance thereof.
10 Del. C. § 367