Perkins v. Smith

Indiana Supreme Court

Perkins v. Smith

2 Blackf. 171, 1828 Ind. LEXIS 19

Indiana Supreme Court·Decided May 13, 1828·Published

Opinion

DEBT on a bond, and judgment by default. The plaintiff Suggested, that the bond was conditioned for the delivery of property taken on execution, and assigned as a breach that the condition was broken. Judgment, without a jury, for the amount of the execution. Heldfthat, supposing the assignment [172]*172of the breach to be only informal, and the want of a judgment the penalty to be unavailing in error, yet the breach should have been found, and the damages assessed, by a jury. R. C. 1824, p. 293.—Clark v. Goodwin, 1 Blackf. 74

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DEBT on a bond, and judgment by default. The plaintiff Suggested, that the bond was conditioned for the delivery of property taken on execution, and assigned as a breach that the condition was broken. Judgment, without a jury, for the amount of the execution. Heldfthat, supposing the assignment [172]*172of the breach to be only informal, and the want of a judgment the penalty to be unavailing in error, yet the breach should have been found, and the damages assessed, by a jury. R. C. 1824, p. 293.—Clark v. Goodwin, 1 Blackf. 74

Perkins v. Smith, 2 Blackf. 171, 1828 Ind. LEXIS 19 (Ind. 1828).

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Opinion

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