Rhodes v. Walker
Supreme Court of Alabama
Appeal from Circuit Court of Limestone. Tried before the Hon. W. B. Wood. • Judgment by default on promissory note. The complaint is as follows: “ Elijah Walker, administrator of the estate of J. N. Baker, deceased, plaintiff, vs. Hamilton Bhodes, defendant. “ The plaintiff, administrator of the estate of J..N.
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Appeal from Circuit Court of Limestone. Tried before the Hon. W. B. Wood. • Judgment by default on promissory note. The complaint is as follows: “ Elijah Walker, administrator of the estate of J. N. Baker, deceased, plaintiff, vs. Hamilton Bhodes, defendant. “ The plaintiff, administrator of the estate of J..N. Baker, deceased, claims of the defendant one hundred and seventy-five dollars, due by promissory note made by him on the 13th day of September, 1862, and payable one day after date to plaintiff’s intestate, with interest thereon.” The judgment entry is as follows : “Elijah Walker,…
1Opinion of the CourtB. F. Saffold, J.
-The complaint sufficiently shows the character in which the plaintiff sues. The judgment must follow the complaint, and the denomination of the plaintiff in it, must be referred to the more particular description of the capacity in which he sues, as set forth in his complaint.
The error assigned, that judgment was rendered without the intervention of a jury, is not sustained by the record. In a judgment by default, the note which was the cause of action, is not a part of the record on appeal. The writing-described in the complaint ascertains the plaintiff’s demand.
The judgment is affirmed.
2Cited by4 opinions
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Bolling v. SpellerSupreme Court of Alabama · 1892
- Garner v. GarnerSupreme Court of Alabama · 1894