Phillips v. Cannon

Superior Court of Delaware

Phillips v. Cannon

5 Del. 366

DecidedJuly 5, 1852

StatusPublished

This text of 5 Del. 366 (Phillips v. Cannon) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phillips v. Cannon, 5 Del. 366 (Del. Ct. App. 1852).

Pincite

Opinion

The Court

inclined, at first, that, as the defendant had appeared on a former day, and this could not be called strictly a judgment by default, for want of an appearance, it would not be required that the record should show that the case was proved; but, upon consideration, they held that the object of the act of assembly was to secure a hearing on proofs, as well as allegations, whenever the defendant was absent at the trial, and on that principle they reversed the judgment.

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The Court

inclined, at first, that, as the defendant had appeared on a former day, and this could not be called strictly a judgment by default, for want of an appearance, it would not be required that the record should show that the case was proved; but, upon consideration, they held that the object of the act of assembly was to secure a hearing on proofs, as well as allegations, whenever the defendant was absent at the trial, and on that principle they reversed the judgment.

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Bluebook (online)

5 Del. 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-cannon-delsuperct-1852.