Defendant may proceed to trial, when.Sect. 387. In any case where a set-off or counter claim has been presented, the defendant shall have the right of proceeding to the trial of his claim, although the plaintiff may have dismissed the action, or failed to appear.
CHAPTER II.—Judgment upon Failure to Answer.
Judgement upon failure to answer.Sect. 388. If the taking of an account, or the proof of a fact, or the assessment of damages be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law, the court may, with assent of the party not in default, take the account, hear the proof, or assess the damages; or may, with the like assent, refer the same to a referee or master commissioner, or may direct the same to be ascertained or assessed by a jury. If a jury be ordered, it shall be on or after the day on which the action is set for trial.
CHAPTER III.—Judgment by Confession.
When permitted.Sect. 389. Any person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the assent of the creditor, or person having cause of action, confess judgment therefor; whereupon judgment shall be entered accordingly.
Debt, or cause to be stated.Sect. 390. The debt or cause of action shall be briefly stated in the judgment, or in a writing to be filed as pleadings in other actions.
To authorize proceedings for enforcement.Sect. 391. Such judgment shall authorize same proceedings for its enforcement, as judgments rendered in actions regularly brought and prosecuted; and the confession shall operate as a release of errors.
If attorney confess judgement.Sect. 392. Every attorney, who shall confess judgment in any case, shall, at the time of making such confession, produce the warrant of attorney for making the same, to the court before which he makes the confession, and the original or a copy of the warrant shall be filed with the clerk of the court in which the judgment shall be entered.
Warrant of attorney of no force unless properly witnessed.Sect. 393. If any person be in custody in a civil action at the suit of another, no warrant of attorney executed by the person in custody, to confess judgment in favor of the person