Tannehill v. Thomas
Indiana Supreme Court
ERROR to the Jefferson Circuit Court. — Debt on a bond with a penalty of 224 dollars, conditioned for the conveyance of real estate. To the declaration, in which the breaches were assigned, there was a demurrer; but no joinder in demurrer. Leave was asked to withdraw the demurrer, though it does not appear to have been withdrawn. Final judgment for the plaintiff below, the defendant in error, without a writ of inquiry, for 124 dollars debt, with interest and costs.
1Opinion of the CourtBlackford, J.
This judgment is not regularly on demurrer or by default. But supposing that to have been the case, the final judgment should not have been rendered without awarding a writ of inquiry. Where judgments on demurrer or by default are for the plaintiff, in actions on promissory notes and bills of exchange, or on covenants for the payment of a sum certain, the damages may be assessed without the intervention of a jury; because, in such cases, the quantum of damages depends upon figures, and if the calculation be correct, the result must be the same whether the assessment be made by the Court or by…
Also in this document: Per curiam.
2Cases cited2 opinions
- Renner & Bussard v. MarshallSupreme Court of the United States · 1816
- Mayhew v. ThatcherSupreme Court of the United States · 1821
3Cited by3 opinions
- Stanton v. HendersonIndiana Supreme Court · 1848
- State ex rel. Abrahams v. CrossIndiana Supreme Court · 1855
- McKay v. CraigIndiana Supreme Court · 1842