22-218
|
22-218. Judgment on default If a defendant who has been served with summons fails to appear within the time specified in the summons, the justice of the peace shall proceed in the following manner: 1. If plaintiff's claim is liquidated and proved by an instrument in writing purporting to have been executed by defendant or is upon an open account duly verified by affidavit, the justice shall, whether plaintiff appears or not, give judgment in his favor against defendant for the amount due upon such written instrument or sworn account. 2. If plaintiff's claim is not liquidated, the justice shall hear the testimony and give judgment against defendant and in favor of plaintiff as the testimony shows plaintiff entitled to. If plaintiff does not appear the action shall be dismissed. |