Porter v. Burleson & Davis

38 Ala. 343

Opinion

A. J. WALKER, C. J.

The action in this case was not “founded on any instrument of writing ascertaining the plaintiffs demand.” The rendering of a" judgment final, without th'e intervention of a jury, was not authorized by the statute ; and, upon a principle -repeatedly announced in this court, such action on the part of the court below was erroneous.^Code, § 2366 , Moreland v. Ruffin, Minor, 18 ; Philips v. Malone, ib. 110 ; Byrne v. Harris, ib. 286 ; Petigrew v. Petigrew, 1 Stew. 850 ; Chapman v. Arrington, 3 Stew. 480; Kennon v. McRae, 3 St. & P. 249 ; Amason v. Nash, 24 Ala., 279; Beville v. Reese, 25 Ala. 451; Connoly v. Ala. & Tenn. Rivers Railroad Co., 29 Ala. 373.

Reversed and remanded..