Merritt v. Bank of Cuthbert

The plaintiff declared on a note stipulating for *395attorney’s fees, alleging that he had served the defendant with the notice required by law of his intention to bring suit and to claim the attorney’s fees stipulated in the contract. The defendant answered the suit, but his pleas were stricken; and judgment was entered by the court, without a'verdict, for the principal, interest, and attorney’s fees claimed in the suit. The point is made that the court was without jurisdiction to enter a judgment including attorney’s fees. The constitution declares that “The court shall render judgment, without…