Reigne v. Dewees

Per Curiam.

The defendant’s not pleading to an action, but suffering judgment to go against him by default, is a tacit admission in law that something is due; and the jury *406are bound to give some damages if ever so small, even one cent, as laid down in 3 Black. 398. 1 Har. K. B. 190. 2 Str. 1259.

Verdict set aside, with permission to plaintiff to send his cause to another jury.

Present, Grimke, Johnson and Trezevant.