Garnett v. Scott

Plaintiff sued for damages for conversion. Defendant duly filed a plea of the general issue. The court rendered judgment against the defendant “by default.” There is no recital of proof being offered. >

There was error in rendering final judgment for damages for trover — on simple recital of default — without evidence or without a writ of inquiry to establish the controverted issues of fact made by the pleadings. The count was not founded on “an instrument in writing or verified account ascertaining the plaintiff’s demand” (Code, §§ 3970, 3971, 5356); and the amount of plaintiff’s loss could…