Wilson v. Darwin

Headnote

Though tho action be debt, if it be brought on an account, and" the defendant suffers interlocutory judgment by default, the plaintiff’s damages must be assessed under a writ of inquiry.

In debt) on an account current, no plea having been put in, the' plaintiff entered the defendant’s default, and proceeded to final judgment and execution, without a writ of inquiry. The officer who taxed the costs had certified interest on the account after four months from the time when it was made, and allowed it as part of the costs, which were inserted in the judgment record.

A motion was made in behalf of the defendants to set aside the proceedings subsequent to the default, for irregularity.