Wagemann v. Jordan

The plaintiff commenced his action in the law commissioner’s court against the defendant, where he obtained judgment by default, the defendant failing to answer the plaintiff’s petition. This judgment by default was entered on the 11th of *504October, 1858, and an inquiry of damages was ordered for the 14th of the same month. On the 14th of October, the plaintiff appeared by his attorney, and waived a jury and submitted the cause to the court. The court, hearing the evidence, assessed the plaintiff’s damages at the sum of one hundred dollars.

On the 21st of October, the defendant, by his attorney,…