Koy v. Clough

The inability of the defendant’s attorney to attend the execution of the writ, and the defendant himfelf having no notice of the day, are reafons for fetting afide the inquifition, efpecially as the damages are rather excefiive. But as the defendant’s default is, in fome degree a confeffion of the plaintiff’s right, the rule can be only on the defendant’s confenting that the judgment on the inquifition fliall be entered as of this term.