Netso & Bohlen v. Foss & Schneider

Citations

• 21 Fla. 143

Syllabus

<p>.1. When there is a judgment of default against one joint promissor and an issue of fact joined as to another, it is proper practice to submit to a jury the issues of fact as to the defendant who pleads and the assessment of damages as against the one who makes default. The statute authorizing the clerk to assess damages upon default does not apply to this case.</p> <p>A The rule that there can be but one judgment against joint promissors within the same jurisdiction, refers to final judgment and not to a default for not pleading entered against one.</p>