Lewellyn v. Follansbee

The assessment of the damages by the Court, without

a jury or further notice to the defaulting party, was one of the discretionary methods sanctioned by our procedure. “To the three modes of assessing damages upon default enumerated by Judge Bell may be added a fourth; namely, where the assessment is made by the judge upon oral evidence produced before him in court. In such cases, of course, there would be no evidence to be filed, and it is therefore important that the docket or record should show the fact that the assessment was made upon oral testimony produced before the court.” Collins v.…