Hagler v. Mercer

John Mercer instituted his action to recover of the defendant Hagler the sum due on a promissory note for $350. The defendant filed a plea, which having been withdrawn, judgment was given by nil elicit, and a writ of enquiry was awarded to the clerk to assess the damages. This *722was at April term, 1854. At that term the clerk died during the session of the court, having, however, entered a judgment formally, omitting and leaving a blank for the damages and amount as well as that of the costs, which it is admitted was not perfected on account of his death. At the next term, on application to the…