Blount v. Gallaher

Citations

• 22 Fla. 92

Syllabus

<p>1. On the rule day in March, 1884, which was the return day of a summons in assumpsit, the clerk made the following entry : “Judgment in default is hereby entered herein in favor of said plaintiff for the sum of $369.93 Held, That this was only a judgment by default.</p> <p>2. A clerk of a Circuit Court in entering judgment by default acts in a mere ministerial capacity, and if he does not conform to the statute, (sec. 7, chap. 1938, acts 1873,) his proceedings will be without any binding force.</p> <p>3. In entering a final judgment consequent upon a default, on an open account, the judgment should show what evidence was produced by the plaintiff to enable the clerk to ascertain and assess the damage and to show what was the basis of the judgment.</p>