Vangeazel v. Hillyard

Headnote

A judgment entered without stating for whom it was rendered, aided and sustained hy reference to the report of the referees on which it was rendered, and to the usual docket entry of the names of the parties on the margin of the record.

Certiorari. The record contained an entry of the names of the plaintiff* and defendant in the usual form. It also contained, among others, the following entry: The referees appeared and were sworn, and after hearing the allegations and proofs of the parties, report in writing that they find John Vangeazel, the defendant, indebted to Robert Hillyard, the plaintiff, seventy-eight dollars and seven cents, whereupon I give judgment against John Vangeazel, the defendant, for $78.07 debt, and $1.90 costs of suit.

The error assigned was that the judgment was a nullity, as the justice had not rendered judgment in favor of the plaintiff, nor entered the name of the party for whom it was given, as required by law.