Colorado Springs Co. v. Hewitt
Supreme Court of Colorado
Error to Probate Court of Pit Paso County. This was an action on the case brought by Hewitt, the appellee, against the Colorado Springs Company, and judgment taken by default. A motion to set aside the default was overruled.
1Opinion of the CourtElbert, J.
The motion to set aside the default was not of the term at which the judgment was entered, nor was it supported by affidavit, and was properly overruled. R. S., § 16, p. 506.
The proper practice would have been to swear the jury “to assess the plaintiffs’ damages” and not to “try the issues,” but we are not prepared to say that this irregularity is sufficient ground for reversal. '
At common law, upon judgment by default, a writ of inquiry was necessary, and issued to ascertain the damages of the plaintiff.
This mode of procedure was modified and adopted by section 15 of the Practice Act, R. S.…
2Cases cited4 opinions
- Ellsworth v. ThompsonNew York Supreme Court · 1835
- Ætna Insurance v. PhelpsIllinois Supreme Court · 1862
- Cook v. TuttleNew York Supreme Court · 1829
- Davis v. Bangor & Piscataquis RailroadSupreme Judicial Court of Maine · 1872