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12. Judgment must be for an aggregate sum, and when it was for a principal sum, and interest from a date past, without mentioning the amount due at the time of judgment, it was declared void for uncertainty.

Ibid.

13. Judgment by default final cannot be rendered in an action of trespass, for cutting timber trees, for the amount of the penalty fixed by statute 1802. Byrne v. Haines, A. R. 286. 14. Judgment by default against two, writ served but on one, no discontinuance-reversed, and the cause remanded.

Smith & Howell v. Winthrop, A. R. 425. 15. Judgment by default final cannot be rendered if writ is not signed by the clerk, or if writ is not duly executed. Stone v. Harris, A. R. 32. Land v. Patteson, A. R. 14. }

16. Judgment by default final may be for more than twenty dollars, on appeal from justice of the peace. Bevin v. Goodman, A. R. 90.

17. Plea in bar, time of filing not noted, judgment in vacation; plea must be disposed of before judgment final. Ellis v. Hickman, A. R. 394. Malone v. Stud, A. R. 360.

18. Judgment by nil dicit, cannot be rendered for interest on a note payable in another State. Peacock v. Banks, A. R. 387. 19. Judgment for ten dollars more damages than are laid in the declaration, reversed Derrick v. Jones, 1 S, 18. Į Johnson v. Kelly & Hutchinson, 2 S. 490. 20. Judgment by default for want of plea, cannot be taken until three days after time for filing declaration, although the court may not last so long. Rather v. Owen, 1 S. 38. 21. Judgment by default before declaration filed, is error;—the record shewing the time when the proceedings took place.

McElroy v. D. White, 1 S, 149. 22. Summary judgment against securities on bond, on writ of error from county to circuit court, cannot be rendered under statute 1826.

Ward, et al. v. Alexander & Bills, 1 S. 382. 23. In debt, judgment and demurrer by default or nil dicit, the court may render final judgment without writ of enquiry.

Pettigrew v. Pettigrew, 1 S. 580. 24. Judgment by default in assumpsit for costs only, is error. Pickens v. Hayden & Meriam, 2 S. 10. 25. In an action against the indorser of a promissory note under the statute of 1812, judgment by default final may be rendered without the intervention of a jury. Malone & Co. v. Hathaway, 3 S. 29. 26. Judgment by default final may, under the act of 1812, be rendered against an indorser without the intervention of a jury.

Chapman v. Arrington, 3 S. 480.

27. Where. under statute 1828, maker and indorser are joined in same action and one appears and continues the case as to him, and there is judgment by default against the other, this judgment cannot be rendered final.

Ibid.

28. When the clerk, in entering judgment makes the entry in short, referring to another judgment the entry of which is full, such judgment will not be deemed perfect so as to authorize the issuance of an execution. Each judgment must be full and perfect in itself.

Tombecbee Bank v. Strong's ex'r. 1 S. & P. 187. 29. A paper promising to pay a certain sum for staves, subject to a deduction of such number as were not delivered, at two dollars a thousand-not subject to the rules which regulate promissory notes, so as to authorize the court to give judgment by default, without the intervention of a jury.

Martin & Hill v. Woodall, 1 S. & P. 244.

30. Judgment by default is an admission of plaintiff's cause of action as laid. McGehee v. Childress, 2 S.506. 31. Judgment by default may be taken on a note payable on the happening of a contingency, it being averred that the event had happened as appeared by an indorsement on the note.

Ibid.

32. A judgment may lawfully be altered or amended, during the term in which it was rendered. Neil et al. v. Caldwell, 3 S. 134. 33. A judgment must be based upon certain regular and definite proceedings, and these must be disclosed in the record; as where judgment was entered upon motion against one as late sheriff, but there was no shewing on the record for what violation of duty &c.-it was held erroneous.

Ayres v. Dobson & Hughes, 5 S. & P. 441.

34. The record of a judgment on sci fa. against sureties in a writ of error bond-in which it was determined that a payment made to one as a depu"ty sheriff, by a defendant to the judgment, was a satisfaction of the sameheld to be conclusive in a suit brought by plaintiff in such judgment against the sureties of the sheriff on his official bond, it appearing that notice was given to defendants, and that the sheriff's representatives appeared and defended the suit in error;―also that the deputy was one of the defendants in the scire facias. McBroom v. Gov. use of &c. 4 P.90.

35. Where process was issued against two and served upon one, and the plaintiff declares against one, judgment cannot be rendered against two, although an appearance has been entered for both.

was error.

Lucy et al. v. Beck, 5 P. 166.

36. When A bound himself by a sealed agreement to abide the award of an arbitrator, and to pay the balance found against him in certain debts due to him, it was held that an attachment did not lie, and that a judgment by default, as in an indebitatus assumpsit for the amount in money, Horton v. Ronalds, 2 P. 79. 37. Indorsee against indorser, final judgment on demurrer cannot be rendered by the court for plaintiff on common counts, without the intervention of a jury. Kennon v. McRae, 3 S. & P. 249. 38. A judgment rendered during the term does not relate back to the first day of the term, so as to defeat a bona fide purchaser or assignee.

Hope v. Brandon, et al. 2 S. 401.

II. Where Judgments will be Sustained, and of the Presumptions in their

Favor.

39. Neither writ or declaration is necessary to sustain judgment by confession. Caller v. Denson, A. R. 19. 40. After judgment by nil dicit, advantage cannot be taken of omission of profert or amount of damages. Dinsmore v. Austill, adm. A. R. 89. Bryan v. Moore, A. R. 377.)

41. When there are good and bad counts, and a general verdict theron, the judgment will be sustained. ·Harrison v. Cussity, A. R. 291, 370.

42. If judgment be for correct amount, it is immaterial what part of it is called debt, and what damages.

Briggs & McLure v Greenlee, A. R. 123. 43. Judgment against delinquent tax collector and securities, for the sum due, as damages for the default-good, although not called fifteen per cent damages. Armstrong & Pinkston v. State, A. R. 160.

44. Judgment by nil dicit, sustained on a promissory note for $153 00, in good current money of the State of Tennessee.

Spain v. Grove & Smith, A. R. 177. 45. After judgment by nil dicit, advantage cannot be taken of variance between declaration and indorsement of writ.

Mayfield v. Allen, A. R. 274: 46. Judgment will not be reversed because one dollar more than interest due is adjudged on a debt of one hundred dollars. 1bid. 47, Judgment by default final cannot be rendered in an action of trespass for cutting timber trees, for the amount of the penalty fixed by statute 1802. Byrne v. Haines, A. R. 286. 48. To sustain judgment on award, it is not necessary that the record should state that the consent of the parties to the submission or the continuances, or the notice-nor is a declaration necessary.

Mendenhall v. Smith, A. R. 380. 49. To sustain a judgment the court will infer that a cause was continued by operation of law, although the continuances do not appear on record. Clements v. Judson & Banks, A. R. 395. 50. Judgment by default will not be reversed when the indorsement of writ describes the contract as under seal, and the declaration as a promissory Byrne v. Hall, 1 S. 16.

note.

51. Transcript shows a bail bond but no writ-judgment by default sustained. Gay v. Winston, 1 S. 149. 52. A judgment in an action of assumpsit, will not be reversed because entered for debt and damages, instead of damages only.

Malone & Co. v. Hathaway, 3 S. 29. 53. When a judgment is improper, but produces a proper result, it will not be reversed for mere informality. Philips v. Jordan, 3 S. 38.

54. Judgment of nil dicit may be rendered although pleas are on file, and such judgment authorizes the presumption that the defendant was present by himself or counsel, and did not attempt to sustain his pleas.

Bryant v. Simpson, 3 S. 339. 55. To sustain a judgment, every thing compatible with the record will be presumed; hence it will be presumed that the decree was rendered upon the final apportionment of an insolvent estate, and so pursue the legal liability. Morrison, adm'r. v. Morrison, 3 S. 444.

56. Judgment will not be reversed for excessive damages when it corresponds with the verdict, and there is nothing in the record conclusively shewing that the verdict is unjust or illegal. Moore v. Coolidge, 1 P. 280. 57. Judgment entered informally as in assumpsit, the action being in debt, but for the proper amount-it will not be reversed.

Carroll v. Meeks, 3 P. 226. 58. Judgment for a greater amount than is authorized by a cause of action sued on, cannot be reached in error, and can only be taken advantage of by application for a new trial. Evans v. Bridges, 4 P. 348. 59. That the judgment is rendered upon motion to quash the writ, when the proper judgment would be on motion for non suit-is not error. Darwin v. Rail Road Company, 4 P. 160.

III. Of the Arrest of Judgment; Transfer and Assignment, and of Sa

the

ment.

tisfaction.

60. Judgment in trespass will not be arrested when the first count lays trespass under a "whereas," but the second contains a positive averGordon v. Hood, A. R. 122. 61. The transfer of a judgment carries with it a right to sue out execution, or to bring suit in the name of the original plaintiff, and as any defence existing against plaintiff will be available to defendant, so any right the plaintiff is entitled to, will be available to the assignee.

Harrison v. Marshall, 6 P. 66. 62. The payment to plaintiff's attorney of an amount of a judgment by the sheriff-for which there is an execution in sheriff's hands, is a satisfaction thereof, and in law will be regarded in the same manner as if made by the defendant, though made without the knowledge or consent of the defendant. Bowen, et al. v. McGehee, 6 P. 432.

63. An assignment of a judgment is not of itself notice to any one, except to the parties connected with the transaction. 1bid. 64. An execution issued upon a judgment which has been satisfied, but the satisfaction not entered of record, is not void, but voidable merely.

Ibid

IV. When Judgment will be rendered Final in the Appellate Court, and of the Damages.

65. If Judgment be rendered for more than verdict, it will be reversed and rendered in the supreme court for the amount assessed.

Howard v. Wear, A. R. 84. 66. On appeal from county to circuit court, unless record show matter requiring trial by jury, circuit court may render such judgment as should have been rendered by county court. Lane v. Kirkman, A. R. 411.

67. Judgments confessed, writ of error afterwards taken, appellate court will affirm with damages. Mc Connel v. White, A. R. 112.

V. What will be a Release of Errors.

68. Judgment by nil dicit, does not operate as a release of errors.

Butler v. Limerick, A. R. 115.
Dinsmore v. Hand, A. R. 126.

69, Judgment by confession under the statute, operates as a release of Hill v. Lambert et al. A. R. 92. McConnell v. White, A. R. 112.

errors.

}

VI. Judgment by Confession.

70. To sustain a judgment by confession, neither writ or declaration is ne

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Caller v. Denson, A. R. 19.
Gayle v. Foster, A. R. 125.)

71. Judgment may be confessed by an attorney without exhibiting his Hill v. Lambert, et al. A. R. 92.

warrant.

72. Judgment by confession under the statute, operates as a release of Ibid.

errors.

Mc Connel v. White, A. R. 112.

73. Where defendant confesses judgment for a precise amount, judgment cannot be entered up for more than that amount.

Gayle v. Foster, A. R. 125.

74. In assumpsit for unliquidated demand, judgment may be confessed without the intervention of a jury.

Allen v. White & Norris A. R. 365. husband and wife, during coverture, may

75. Confession of judgment by be reversed by writ of error, after husband's death, by wife,

Stevens v. Dubarry, A. R. 379.

76. Judgment on confession, must strictly pursue the terms of the cog

novit.

Ibid.

VII. Of Judgment Nunc Pro Tunc.

77. Judgment nunc pro tunc may be entered without notice.

Fugua et al. v. Carriel et al. A. R. 170.
Clemens v. Judson & Banks, A. R. 395.

78. In rendering such judgment, the interest should be calculated only to the time when such judgment should have been entered.

Ibid.

79. In rendering judgment, nunc pro tunc, the court cannot resort to the record, in a distinct suit, though referred to by clerk to supply omissions. Draughan et al, v. Tombecbee Bank, 1 S. 66. 80. Jndgment nunc pro tunc, must be predicated on matter of record, or some memorandum of the court, and not on parol.

Thompson v. Miller, 2 S. 470. 81. If on entering judgment, the clerk omits to insert the amount recovered, the judgment may be afterwards amended, and the amount inserted nunc pro tunc; and in overruling motion to complete such judgment, writ of error will lie. Wilkinson v. Goldthwaite, 1 S. & P. 159. 82. Judgment nunc pro tunc may be entered upon a verdict, after the expiration of three years from the rendering of it, all parties being in court. Mays, et al. v. Hassel, adm. 4 S. & P. 222.

VIII. Judgments on Motion and Summary Proceedings.

83. Judgment on motion, under statute 1827, in favor of a constable, on a bond indemnifying him against property sold under execution-held :

1. Not necessary that the record should set out the notice at lengthit reciting, that it appeared to the satisfaction of the court, that notice had been given sixty days before the time of the pendency of the suit and the

motion.

II. To sustain such judgment, the court will presume the notice to have been given as required, in writing, unless the contrary appears.

III. That unless oyer be craved, it is sufficient to set out the substance of the bond.

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