Camino v. Lewis

There is but one serious question in this case, and that is whether the justice of the peace had jurisdiction to render the judgment in question without taking testimony. He clearly had jurisdiction of the subject matter and of the parties. The defendants were in default for failure to answer. Higley v. Pollock, 21 Nev. 198, 27 P. 895; McKim v. District Court, 33 Nev. 44,110 P. 5. At common law, in an action for damages, where a defendant is in default it was the practice to sue out a writ of inquiry to have the damages determined. 1 Tidd's Pr. 569, 573; 3 Chitty's Pr. 671, 673.

In case of a…