Frazier v. Dismuke

The complaint states a cause of action on open account. Judgment by default was rendered by the court on certificate of the clerk and without a writ of inquiry.

The only authority in the state for a judgment by default without a writ of inquiry, in suits on account is found in section 7667 of the Code 1923. Thé appeal is on the record. The complaint fails to show an indorsement to the effect that suit was on an itemized account verified by affidavit. The judgment entry fails to show affirmatively the existence of the conditions specified in section 7667, authorizing the rendition of default…