Driver v. Spence
Supreme Court of Alabama
THE defendant in error brought an action of covenant against the plaintiffs in the Circuit Court of Talladega, on a sealed instrument in the following words, viz: “ On or before the first of January next, we, or either of us, promise to pay Sol.
Read the full summary
THE defendant in error brought an action of covenant against the plaintiffs in the Circuit Court of Talladega, on a sealed instrument in the following words, viz: “ On or before the first of January next, we, or either of us, promise to pay Sol. Spence, eight dollars per acre, for rent, for a lot of ground purchased from A. Q. Nicks, that Jesse Upton cultivated last year, supposed to be ten acres, more or less, the same being for value received; herein witness our hands and seals, this 3d of April, 1836. Giles Driver, [Seal.] J. D. Shelly, [Seal.]'’ On the writ are the following'indorsements,…
1Opinion of the CourtCollier, C. J.
By the act of 1812, “concerning the assignment of bonds, notes, &c. and for other purposes,” it is enacted that in ail actions founded on any writing, ascertaining the *99plaintiffs .demand, or sum sued for, if judgment by default, nil dicil, or by non sum informants, or on demurer be entered therein, the Court where the same action shall be pending, shall and may lawfully enter judgment for the debt, or demand, and interest thereon, to be calculated by the clerk of such Court, up to the .time of rendering judgment, without the intervention of a jury toinquire of the damages, and award execution…
2Cited by3 opinions
- Sanders v. Gernert Bros. Lumber Co.Supreme Court of Alabama · 1930
- Parker v. ParkerSupreme Court of Alabama · 1864
- Windham v. National Fertilizer. Co.Supreme Court of Alabama · 1892