Koy v. Clough

The inability of the defendant’s attorney to attend the execution of the writ, and the defendant himself having no notice of the day, are reasons for setting aside the inquisition, especially as the damages are rather excessive. But as tbe defendant’s default is, in some degree, a confession of the plaintiff’s right, the rule can be only on tbe defendant’s consenting that the judgment on the inquisition shall be entered as of this term.

Motion granted.