Brown v. Hammond

“In all cases, except actions for unliquidated damages and suits on unconditional contracts in writing, in tlie several courts of this' State, where the writ or process has been served, as the law directs, on the defendant, and there is no defense made by the party sued, either in person or by attorney, at the time the case is submitted for trial, the case shall be considered in default, and the plaintiff shall be permitted to take a verdict as if each and every item and paragraph were proved by testimony.” Civil Code (1910), § 5662. Accordingly, where an equitable petition was filed to…