J. C. Penney Co. v. Harker

The question- in this case is whether a trial judge has revisory powrer over a judgment for damages after a default judgment fixing liability 1 has become enrolled. The trial judge here believed that he did not have such power. We think he was wrong.

I

On 30 October 1973 a judgment by default for want of a plea was entered in the Circuit Court for Montgomery County in favor of Iva Leota Harker in her action in tort to recover damages for personal injuries suffered by reason of the negligence of J. C. Penney Co., Inc. On 7 December, upon inquisition, the judgment was extended by the assessment…