Crowther v. Sawyer

Citations

• 29 S.C.L. 573

Syllabus

<p>1. A judgment is a liquidated demand, and may, therefore, be referred to the clerk, under the Act of 1809. '</p> <p>2. A judgment bears interest-, as a matter of course, when recovered on a contract; there is nothing left on a default, but to compute the interest, in order to entitle the plaintiff to his judgment.</p> <p>3. Conceding the reason upon which Dinkins Macon vs. Vaughan <$• McLaughlin, (1 McC. 554) proceeds, that a judgment by default in debt is final, and does not need a reference, it does not follow that there should not be a reference. For the final character of the judgment ascertains nothing but the sum demanded; the interest, if interest be recoverable, could. not be embraced in such a judgment.</p> <p>4. The rule laid down in Lambkin vs. Nance, 2 Brev. Rep. 97, and in Harrington vs. Glenn, 1 Hill, 79, referred to and approved.</p> <p>5. The case of Dinkins <£■ Macon vs. Vaughan. <%• McLaughlin, proceeding upon two reasons. 1st. That a judgment by default in debt is final, and does not need a reference; and 2d, That interest does not follow of course, upon the judgment; held.to he unsound, and overruled.</p> <p>6. An attorney in fact, having a full power to sue for and collect a judgment, assigned it. The assignment carried with it authority to use the name of the person who had executed the power to sue for and collect it, and the assignee would have been authorized to receive the money when collected. The judgment obtained being set aside as irregular, the defendants were permitted to appear and plead nunc pro tunc, and the attorney in fact, who was also the attorney at law, having died, the presiding Judge granted leave to substitute an attorney who had authority from the assignee, but not from the party who had executed the power, to prosecute the action. Had not the assignee been regarded as the proper party to protect the judgment, then proceedings on the part of the defendants with a view to set aside would have been irregular, the origina