Guillotte v. Thompson

The defendant has appealed from a judgment by default, made final in a possessory action, wherein the petitioner claimed damages for the disturbance. He assigns as error apparent on the face of the record, that the damages demanded were assessed by the court without the intervention of a jury. In treating of the confirmation of judgments rendered by default, the Code of Practice provides, art. 313, that, “ when from the nature of the demand, damages are to be assessed, the court will direct a jury to be summoned to find the same, in the same manner as if the defendant had answered, and the…