Blanck v. Speckman

This action was instituted in 1863 to annul a judgment' rendered in 1859. There was judgment in favor of defendants, and the plaintiff has appealed.

The only cause of nullity relied upon by tho plaintiff, appellant, is-found in the fact that the suit of Speekman v. Blancic was an action, for damages; that a default was entered, and that this default was confirmed and judgment rendered by the court without the intervention of a jury.

The Code of Practice, under the section “Of Judgment by Default,”' provides, article 313, that “when, from the nature of the demand, damages are to be assessed, the…