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>
Cited by
13 cases in this archive cite this case.
- Brooks v. OwensSupreme Court of Florida· 1957-10-25· cited 85×
- Glens Falls Insurance v. PorterSupreme Court of Florida· 1902-06-15· cited 40×
- Parker v. DekleSupreme Court of Florida· 1903-06-15· cited 27×
- Einstein's Sons & Leffler v. DavidsonSupreme Court of Florida· 1895-01-15· cited 25×
- Caldwell v. Peoples BankSupreme Court of Florida· 1917-05-25· cited 25×
- Goldring v. ReidSupreme Court of Florida· 1910-06-15· cited 14×
- Florida Development Co. v. Polk County National BankSupreme Court of Florida· 1919-01-10· cited 11×
- Columbia County v. BranchSupreme Court of Florida· 1893-01-15· cited 10×
- Ropes v. Snyder Harris Bassett Co.Supreme Court of Florida· 1896-01-15· cited 8×
- Saucer v. VincentSupreme Court of Florida· 1921-10-20· cited 6×
- Smith v. WilsonSupreme Court of Florida· 1916-05-18· cited 5×
- Daniell v. CampbellSupreme Court of Florida· 1924-06-13· cited 3×
- Southern Insurance v. Smith-TylerSupreme Court of Florida· 1901-06-15· cited 2×
Cites
4 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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