¶1considering that the appearance of both parties after the error of granting a new trial without notice, cured this and all prior defects of proceeding, affirmed the judgment. They considered that it fell within the principle of Lewis vs. Hazel, 4 Harr. Bep. 470.
5 Del. 19
Jester v. Lekite
Decided April 15, 1848
Superior Court of Delaware · decided 1848-04-15
Certiorari. The record showed a summons and judgment for plaintiff by default, for want of the defendant’s appearance, for $20; the subsequent appearance of the defendant and application to have the judgment by default taken off, and a new trial granted, which the justice, without any notice to the plaintiff granted; and appointed another day for trial; at which time both the parties appeared and went into trial by freeholders, on the demand of the plaintiff, and there waS'…
Decided 1848-04-15