Heffner v. Lynch

Cochran, J., delivered the opinion of this Court: In this case a judgment was entered against the appellee in default of a plea. At the next succeeding term an inquisition was had, and the amount of the appellant’s damages ascertained to be $33.32, upon which the appellee moved for a non pros., on the ground that the Court liad no jurisdiction to enter a final judgment for the amount-found to be due, which was granted. The case shown by the record therefore presents the single question, whether the judgment by default was so far final as to conclude’the appellee of the right to deny the jurisdiction of the Court, after the inquisition of the jury. It was formerly held that a defendant in default was out of Court for all purposes, but that of entering the final judgment; and in a case where the question of jurisdiction was raised after an inquisition upon a default, precisely as it was raised here, it was held that the defendant could not even enter a suggestion on the roll from which the want of jurisdiction would appear.

Brampton vs. Crabb, 1 Strange, 46. 2 Sellon’s Prac., 345. Nor could a judgment, objectionable on the ground of irregularity, be set aside “after the defendant had attended and cross-examined the witnesses on the execution of a writ of inquiry.” 1 Tidd, 614. 4 Taunt., 544. These rules may have been relaxed in