Sutton v. Bancroft, 64 U.S. 320 (1859)

U.S. Supreme Court

Sutton v. Bancroft

64 U.S. (23 How.) 320

Syllabus

Where parties were sued on a promissory note executed by them, did not pretend to have any defense, entered a false plea which was overruled on demurrer, refused to plead in bar, and had judgment entered against them for want of a plea, this Court will affirm the judgment with ten percent damages.

U.S. Supreme Court

Sutton v. Bancroft

64 U.S. (23 How.) 320

ERROR TO THE DISTRICT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF ARKANSAS

Syllabus

Where parties were sued on a promissory note executed by them, did not pretend to have any defense, entered a false plea which was overruled on demurrer, refused to plead in bar, and had judgment entered against them for want of a plea, this Court will affirm the judgment with ten percent damages.

MR. JUSTICE GRIER delivered the opinion of the Court.

Page 64 U. S. 321

The plaintiffs in error were sued on a promissory note executed by them. They did not pretend to have any defense. They entered a false plea, which was overruled on demurrer. They refused to plead in bar. Judgment was entered against them in due form for want of a plea.

They do not pretend to allege any error in the proceedings. The judgment is therefore

Affirmed, with ten percent damages.