[Return to Alabama Supreme Court Cases]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
This case originated by a justice’s warrant in favor of Price against Martin, for the recovery of $45, which by the indorsement [sic] on the warrant was alleged to be due for the rent of a house for three months at $15.00. It was brought into the Circuit Court by appeal. The plaintiff there by way of declaration complained of defendant, “of a plea of debt, that she render to him $45, which to him she owes and from him unjustly detains.” There was no other allegation of the cause of action.
The defendant not pleading, the Circuit Court rendered final judgment, without the intervention of a jury, for $45. This matter is assigned as error.
The declaration is relied on to show that the cause of action authorized final judgment by default. The declaration (of it may be so called), claims sum as debt, but does not show, (nor does it appear that there was), such a contract, as by our statute or by any principle of the common law authorized final judgment by default. The demand was on an account which does not appear to have been liquidated.
The judgment should have been interlocutory; let it be reversed, and the cause be remanded.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), pp. 68-69.
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