Saucer v. Vincent

Citations

• 82 Fla. 296
• 89 So. 802

Syllabus

<p>1. The authority of the Clerk of the Circuit Court to enter final judgments consequent upon defaults, is derived entirely from the statute, which must be strictly followed.</p> <p>2. The statute, Section 1035 Revised Statutes (Section 2622, Revised General Statutes of 1920) that gives authority to clerks to enter final judgments contemplates that the clerk can enter a final judgment after default only in those cases where the cause of action is purely and simply a money demand founded upon a contract for the payment of money only. In cases where extrinsic evidence dehors the contract sued upon is necessary to ascertain the amount to be recovered the clerk has no authority to entertain such evidence or to found a final judgment thereon.</p>