Thrasher v. Moran

COOPER, C.

This is an appeal from a default judgment of foreclosure on the judgment-roll without a bill of exceptions.

It is claimed that the prayer of the complaint did not ask for attorney’s fees, and that as the relief granted against a defendant by default cannot exceed that prayed for in the complaint, the judgment is erroneous as to attorney’s fees. The law is as stated by appellant, and the question is as to whether or not the complaint in effect did pray for attorney’s fees. As a copy of the complaint with a copy of the summons was served upon appellant, he must be held to have had…