Mettler v. Moore
Indiana Supreme Court
ERROR to the Dearborn Circuit Court. — This was an action of covenant by R. Moore against I. Mettler and J. Smith, on a writing obligatory for 125 dollars with interest, payable 12 months after date in merchantable whiskey, to he delivered at Lawrenceburgh at the cash market price. Smith appeared and confessed judgment for the amount of the obligation with interest; and Mettler made default.
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ERROR to the Dearborn Circuit Court. — This was an action of covenant by R. Moore against I. Mettler and J. Smith, on a writing obligatory for 125 dollars with interest, payable 12 months after date in merchantable whiskey, to he delivered at Lawrenceburgh at the cash market price. Smith appeared and confessed judgment for the amount of the obligation with interest; and Mettler made default. The Circuit Court rendered final judgment against the defendants, without a jury, for the sum named in the obligation with interest and costs.
1Opinion of the CourtBlackford, J.
The only question presented by this case is, whether, upon a judgment by default, the plaintiff could take final judgment for the principal and interest of the obligation, without the intervention of a jury to assess the damages. We think he might. Whether the plaintiff could not, under certain circumstances, have had damages assessed by a jury to a greater amount, is not now the subject of inquiry. One thing is very certain, he was entitled from the face of the obligation to the amount, at least, of the principal and interest for which he took his judgment (1); and the defendants have no…
Also in this document: Per curiam.
2Cited by6 opinions
- Hazzard v. DukeIndiana Supreme Court · 1878
- Marlor v. Texas & P. R.U.S. Circuit Court for the District of Southern New York · 1884
- Parks v. MarshallIndiana Supreme Court · 1857
- Noonan v. IlsleyWisconsin Supreme Court · 1863
- Jones v. DimmockCircuit Court of the 36th Circuit of Michigan · 1871
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