18 La. 474 | La. | 1841
delivered the opinion of the court.
The defendant is appellant from a judgment by default, on a
It appears to us that this assignment 'of error must prevail. The action is instituted for a tort, and the Code of Practice requires, “that whenever from the nature of the demand, damages are to be assessed, the court will -direct a jury to be summoned to find the same, in the sarnie manner as if the defendant had answered.” — ^?’#. 313,
It is therefore ordered, adjudged and decreed, that the judgment of the Parish Court be annulled, avoided and reversed, so far as relates to the question of damages; — and that the case be remanded for further proceedings according,to law :■— but in all other respects affirmed; — the' plaintiff and appellee paying the costs of the appeal.