Taylor v. Johnson

SIMPSON, Justice.

This appeal brings under review the constitutionality of § 260, Title 7, Code of 1940, as amended. The amending act is No. 74, General Acts of Alabama, 1953, Vol. I, p. 103.

The amendatory act, hereafter quoted, is in material respects similar to old § 260, prior to the amendment, except with the added proviso, which we will italicize, relative to ascertaining the plaintiff’s damages without a jury where the defendant is in default and the plaintiff had originally demanded a jury.

Act No. 74, now codified as § 260 of the Code, 1955 Cum.Pocket Parts, pp. 64-65, provides:

“An Act

“R…