The case cited was one in which no issue was joined. If an issue is joined, there must be a trial before judgment can be rendered for the plaintiff ; though it maybe ex parte, and like an inquest at the circuit. It is not the less a trial of the cause, within the words of the statute, because it is not actually contested, and witnesses sworn on both sides. It does not alter its character, whether the defendant be present or absent.
The motion must'be denied.
Motion denied.