Pace v. Hannon
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Berney. Assumpsit by Jesse W. Hannon against Thomas B. Pace. Prom a judgment by default for plaintiff, and a writ of inquiry by the court, defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saeeold Berney. Assumpsit by Jesse W. Hannon against Thomas B. Pace. Prom a judgment by default for plaintiff, and a writ of inquiry by the court, defendant appeals. The court erred in rendering default judgment and assessing damages without the intervention of a jury. — Wagnon v. Turner, 73 Ala. 197; Warwick v. Brooks, 67 Ala. 252; Manhattan F. I. Go. v. Powell, 76 Ala. 372; Acts 1907, p. 569. A demand was filed for á jury and the defendant was entitled to the benefit of it. — Aid-worth v. Interstate G. R. Go., 60 Atl. 834; Warren v.…
1Opinion of the Court
DOWDELL, C- J.
This appeal is prosecuted from a judgment by default in the law and equity court of Mobile. The damages claimed being uncertain, a writ of inquiry was had before the court, by Avhich the court ascertained the same. The judgment is assigned as error, the point taken being that it is shown by the record that the plaintiff, upon the suing out of the summons and complaint, demanded, under the act creating the court (Acts 1907, p. 569, § 16), a trial by jury, and that, she having done so, there could be no withdrawal of the demand without the consent of the defendant, and that…
2Cases cited6 opinions
- Manhattan Fire Insurance v. Fowler & Co.Supreme Court of Alabama · 1884
- Wagnon v. TurnerSupreme Court of Alabama · 1882
- Warren v. Grocery Co.Tennessee Supreme Court · 1896
- Warwick v. BrooksSupreme Court of Alabama · 1880
- Sherwood v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1904
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