Harrison v. McCawley

Slidell,' 0. J.,

dissenting. In this case the witness swore the account was correct, and it was therefore received in evidence. He was not cross-examined, nor was any objection made to the admission of the evidence. The District Judge believed him and gave judgment. I cannot say I disbelieve him.

There was a judgment by default, and there is no entry setting it aside, and no answer appears in the transcript.

If there was no answer, its absence and the judgment by default are corroborating circumstances. See Lopez v. Bugel, 7 L. R. 181 ; Leeds v. Debuys, 4 Rob. 257.

*271If there was an answer, which…