
    John Reigne against William Dewees.
    
      Charleston District,
    
    1802.
    Where judgment goes against a defendant by default, the jury on executing a writ of inquiry are bound to give some damages, if ever so small ; they cannot find for a defendant in such a
    MOTION for new trial.
    In this case, the plaintiff had obtained an interlocutory order for judgment, and gave out his case to the jury on a writ of inquiry, who found a verdict for the defendant.
    This was a motion to set aside the verdict and to have a new trial, on the ground that the jury were bound to give damages, however small they might be ; as the defendant’s suffering the judgment to go against him by default, was an admission in law, that something ivas due; but the quantum was for the jury to determine. In support of this doctrine, Mr. Bayley quoted 3 Black. Com. 91. 397, 398. and Impey's Practice, 399.
   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 are 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.  