Majority
p. 24Same Term. Before the same Justice. Brown vs. Miller.
Headnote
A reference to ascertain the amount of damages sustained by the plaintiff will not be granted, after a default for want of a plea, upon a mere general affidavit that the inquiry involves the examination of a long account: but the production of a sworn copy of the account on which the suit is brought will be required.The defendant’s default for want of a plea having been entered, the plaintiff’s attorney, upon a general affidavit that the inquiry involved the examination of a long account, moved, ex parte, for a reference to ascertain the amount of damages.
Cases of this kind have occurred where, the damages could very conveniently have been ascertained by a sheriff’s jury, but where the plaintiff’s attorney, upon an affidavit like this, has obtained a rule of reference, and very largely and unnecessarily augmented the costs. To guard against such an abusé of the statute, I shall in future exact from the plaintiff’s attorney a sworn copy of the account on which the suit is brought; so that the court may judge for itself as to the necessity of a reference.