Clarke v. Pratt
Supreme Court of Alabama
ERROR to tbe Circuit Court of Mobile. Tried before tbe Hon. Jobn Bragg. 1. It was error to take judgment by default, and compute tbe damages (in suit upon note made in Mississippi) without proof of tbe rate of interest of tbe State of Mississippi. Dunn y. Clement, 2 Ala. Rep. 392; Evans v. Clarke, 1 ■ Port. 388 ; Evans v. Erwin et al. 1 Port. 390. Tbe judgment in sucb case must be reversed.
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ERROR to tbe Circuit Court of Mobile. Tried before tbe Hon. Jobn Bragg. 1. It was error to take judgment by default, and compute tbe damages (in suit upon note made in Mississippi) without proof of tbe rate of interest of tbe State of Mississippi. Dunn y. Clement, 2 Ala. Rep. 392; Evans v. Clarke, 1 ■ Port. 388 ; Evans v. Erwin et al. 1 Port. 390. Tbe judgment in sucb case must be reversed. It is not sucb a clerical error as can be corrected by reducing tbe judgment to tbe amount of principal due on tbe note. Evans v. Erwin & Dunlap, 1 Port. 390. In debt upon a foreign judgment, in tbe…
1Opinion of the CourtChilton, J.
This was an action of debt upon a judgment rendered in tbe State of Mississippi. Tbe Circuit Court proceeded to render judgment final by nil dicit, without tbe intervention of a jury, for tbe debt and eight per cent, interest as damages.
This was clearly erroneous. Tbe interest depended upon tbe law of Mississippi as to tbe rate to be allowed, and proof of what that law was should have been made, before any amount by way of interest could, be recovered. Tbe act of 1848 (see pam. acts, p. 80,)makes tbe table to be prepared and appended by tbe Secretary of State to tbe acts, prima facie evidence…
2Cases cited2 opinions
- Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
- Hunt v. MayfieldSupreme Court of Alabama · 1829
3Cited by4 opinions
- Insurance Co. of North America v. Forcheimer & Co.Supreme Court of Alabama · 1888
- Camp, Glover & Co. v. Randle & Co.Supreme Court of Alabama · 1886
- Semple School for Girls v. YieldingAlabama Court of Appeals · 1918
- Mobile & Ohio Railroad v. Whitney & Co.Supreme Court of Alabama · 1864