Parker v. . Smith
Supreme Court of North Carolina
Assumpsit, for goods sold and delivered, tried before Watts,at Fall Term 1869 of Halifax: Court. Judgment bad been, taken, by default against tbe defendant, and upon tbe inquiry by tbe jury as to tbe damages, tbe defendant offered to prove that none of tbe goods charged bad ever been delivered. Tbe plaintiffs excepted.
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Assumpsit, for goods sold and delivered, tried before Watts,at Fall Term 1869 of Halifax: Court. Judgment bad been, taken, by default against tbe defendant, and upon tbe inquiry by tbe jury as to tbe damages, tbe defendant offered to prove that none of tbe goods charged bad ever been delivered. Tbe plaintiffs excepted. His Honor being of tbe opinion, that, although tbe defendant could contest tbe amount of damages, be was estopped by tbe judgment, from disputing that tbe articles bad been ■dehvered, excluded tbe evidence. Yerdict for tbe plaintiffs, Rule &c._' Judgment and Appeal.
1Opinion of the CourtDick, J.
When a defendant suffers a judgment to go by ■default, be admits tbe cause of action. If tbe action is on a single bond, a covenant for tbe payment of money, bill of •exchange, promissory note, or a signed account, tbe judgment is final, and tbe Clerk ascertains tbe interest due by law, without a writ of inquiry: Rev. Code, cb. 31,sec. 91.
When tbe action sounds in damages, as in assumpsit, covenant, trespass, &o., a judgment by default is only interlocutory, and tbe amount of damages must be ascertained by a jury, upon a writ of inquiry: 1 Tidd. Pr., 573, 580.
If the plaintiffs claim for…
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