Mead v. Nevill

JUDGE ROBERTSON

delivered the opinion oe the court:

In this action, brought, not on assumpsit, express or implied, to pay a specified sum in money, but for damages for the tortious breach of a bailment, the circuit court rendered a judgment by default for $200. Had the record recited that the case had been “ heard,” this court might have presumed that the circuit judge heard testimony of value — as adjudged in the manuscript opinion in Shropshire vs. Porter. But in this case, as in the case of Smith vs. Thornton (1st Duvall, 281), there is no such recital' — the record showing only that the…