Ewart v. Cunningham

The appeal is from a judgment upon executing a writ of inquiry before a jury upon judgment by default.

A former judgment was reversed, because the writ of inquiry was executed by the trial judge upon plaintiff’s attempted withdrawal of his demand for a jury without defendant’s consent. The order of this court was that such judgment “be reversed and the cause remanded for the execution of a proper writ of inquiry for the assessment of damages by a jury; the judgment by default being allowed to stand undisturbed.” Ewart-Brewer Motor Co. v. Cunningham, 213 Ala. 391, 104 So. 789. Under this…