If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under § 4772 of this title may be made by the court upon the application of the plaintiff only.
Code 1852, § 2418; Code 1915, § 4317; Code 1935, § 4789; 10 Del. C. 1953, § 4773.
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