Shattuc v. McArthur

Brewer, J.,

(orally.) This case is for libel, and $50,000 damages are claimed. It is insisted that the answer contains no defense, and that, therefore, plaintiff is entitled to judgment over the answer. Technically, I think his motion cannot be sustained unless the plaintiff is willing to take simply a judgment for nominal damages, which I suggested to him, and which is not desired. A judgment is the final determination of the rights of the parties. If an action is on a contract where the damages are liquidated and certain, and no defense is set up in the answer, then, doubtless, such a motion…