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2 Colo. 375

Taylor v. McLaughlin

Supreme Court of Colorado

Decided February 15, 1874

Supreme Court of Colorado · decided 1874-02-15

The action was upon a promissory note, and the defendant filed several pleas as stated in the report of this case at the last term, when judgment was reversed upon another ground. Ante, p. 12. After the case was remanded, the plaintiff replied to the several pleas, and at the August term of the probate court the defendant not appearing, judgment of default was entered against him.

Relies on Keeler v. Campbell

Decided 1874-02-15

Beleobd, J.

¶1It is difficult to tell whether the judgment rendered in this case is for want of appearance or for want of pleas. It purports to be a judgment nil dicit. If we regard it as such, then it is clearly erroneous; such a judgment could not have been entered with issues of fact existing and undisposed of. Gibson v. Smith, 1 Col. 7; Keeler v. Campbell, 24 Ill. 287.

¶2If, after filing his pleas, the defendant failed to appear and *376participate in the proceedings, a jury should have been impaneled to try the issues and assess the damages. This precaution was not observed, and the judgment must be reversed. Stevens v. Jones, 1 Col. 67.

¶3Reversed.

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