Perkins v. Smith

Indiana Supreme Court

Perkins v. Smith

2 Blackf. 171, 1828 Ind. LEXIS 19

DecidedMay 13, 1828

StatusPublished

This text of 2 Blackf. 171 (Perkins v. Smith) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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

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2 Blackf. 171, 1828 Ind. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-smith-ind-1828.

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