Smith v. Curtis

JUDGE ROBERTSON

delivered the opinion of the court :

The circuit court erred in rendering judgment for the value of the mule, without proof or without an assessment by a jury. While all allegations of fact are admitted by the defendant’s default, no allegation of an opinion or estimate of value can be deemed to be admitted; and this is the express provision of the Code.

' Although, then, the judge might, according to the Code, render judgment without a jury in the absence of any answer or other defense, yet the record should show, as it does not in this case, that he heard evidence as to the…