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.
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