Price v. Chevers

There is no declaration found in the record of this case, and the judgment was rendered, “because the defendants said nothing in bar or preclusion of the plaintiff’s action.” No attempt seems to have been made in the court below, to account for the absence of the declaration; nor in this court, to perfect the record by certiorari. The case presents the naked question, whether the omission of the plaintiff to file a declaration, can be taken advantage of by the defendants, who have appeared to the action, and suffered a judgment to pass against them by default. We entertain no doubt that this…