Kenum v. Henderson
Supreme Court of Alabama
Whit of error to the Circuit Court of Benton county. This suit was commenced by Henderson against Kenum, in a justice’s court, and Kenum appealed to the circuit court. No declaration or statement is on file, nor is there any matter disclosed in the transcript to induce a presumption that the suit is founded on a writing ascertaining the amount of the debt.
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Whit of error to the Circuit Court of Benton county. This suit was commenced by Henderson against Kenum, in a justice’s court, and Kenum appealed to the circuit court. No declaration or statement is on file, nor is there any matter disclosed in the transcript to induce a presumption that the suit is founded on a writing ascertaining the amount of the debt. A judgment by default was taken, and a writ of inquiry awarded at one term; but this was afterwards set aside,and a judgment final was entered, as on default, for 18 61-100 dollars, besides costs ; but it does not appear that the facts,…
1Opinion of the CourtColdthwaite, J.
There is nothing shown here by *133which the judgment can be sustained. It is true, the judgment is for a less sum than 20 dollars, and, therefore, no pleadings were necessary ; but a court is not authorized, in such a case, to give a final judgment without considering the facts any otherwise than it would be in a suit for a greater sum.
If the debt, is ascertained by a writing, the judgment by default, whatever is the sum, may be final; but, when it is not, the damages must be ascertained by a jury, if for more than 20 dol lars, and by the court, if for a less amount.
Let the judgment be reversed,…
2Cited by2 opinions
- Witherington v. BrantleySupreme Court of Alabama · 1850
- Crosby v. BrantlySupreme Court of Alabama · 1852