Langdon v. Williams
Supreme Court of Alabama
EkroR to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibrons. Assumpsit, by Williams against Langdon, as endorser of a note for $60, made by one Landman, and payable to defendant. The declaration contained the common counts and a special count on the endorsement. Judgment by default was rendered, without the intervention of a jury, “for $63, the damages due by the promissory note declared on.”
1Opinion of the Court
CHILTON, C. J.'
Williams declared against Langdon as endorser of a promissory note for $60 made by one Joseph Landman, adding the common counts in the declaration. There is no averment of any suit against the maker of the noté, nor is there any allegation dispensing with the necessity for such averment. Judgment was rendered by default for $63, “ damages due by the promissory note declared on, &c.” without the intervention of a jury.
This judgment cannot be supported upon the first count, because that sets forth no legal ground of action, and is manifestly bad. Sims v. The Central Bank of…
2Cases cited1 opinion
- Mims v. Central Bank of GeorgiaSupreme Court of Alabama · 1841
3Cited by2 opinions
- Garnett v. ScottSupreme Court of Alabama · 1922
- Jones v. HowardSupreme Court of Alabama · 1868