Phillips v. Cannon

5 Del. 366

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.