Henderson v. Henry
Supreme Court of Alabama
EkkoR to the Circuit Court of Butler county. Debt by defendant in error, against plaintiff in error, on' a promissory note for $580 39. At a subsequent term of the court, the defendant confessed: judgment for six hundred and thirty-nine dollars, for which snnm and costs, judgment was' rendered in' favor' of the plaintiff, and for the sum of one hundred dollars, the amount Remaining due and not confessed, the cause, on the application of the defendant, was continued.
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EkkoR to the Circuit Court of Butler county. Debt by defendant in error, against plaintiff in error, on' a promissory note for $580 39. At a subsequent term of the court, the defendant confessed: judgment for six hundred and thirty-nine dollars, for which snnm and costs, judgment was' rendered in' favor' of the plaintiff, and for the sum of one hundred dollars, the amount Remaining due and not confessed, the cause, on the application of the defendant, was continued. At the ensuing, term, a judgment was rendered for the plaintiff for $104. From'this judgment, this writ is prosecuted. The…
1Opinion of the Court
ORMOND, J
It would certainly be irregular' to render-judgment final for that portion of the plaintiff’s demand, which the defendant, by his- plea, had’ omitted to answer. In such a casethe fiaral judgment must be suspended until the whole demand of the plaintiff is ascertained, for which judgment should be rendered* and one judgment be rendered for the entire amount.
*362This case does not come within this rule. The confession of judgment by the plaintiff in error, for part of the plaintiff’s demand, must be considered as a consent to sever the amount so ’admitted to be due from the residue of the…
2Cited by2 opinions
- Gowen v. JonesSupreme Court of Alabama · 1852
- Taylor v. ReynoldsCalifornia Supreme Court · 1879