Wildsmith v. Graves

The. record shows that the defendants filed pleas of the general issue and demanded a trial by jury.

The judgment entry shows that when the case was called for trial “the defendants, being solemnly called, came not to insist on their pleas or to otherwise defend this suit,” whereupon it was adjudged that the plaintiff was entitled to recover, and the amount of his damages was duly submitted to and found by a jury, and a judgment thereon was rendered accordingly.

The judgment thus rendered was neither a judgment by default nor a judgment nil dicit. It was, however, erroneous to render a judgment…