Wood v. Lemon

1 Blackf. 198 | Ind. | 1822

IN assumpsit against an administrator, the declaration contained two counts. The first stated that commissioners, appointed by the Court, had found the administrator indebted to the plaintiff in a certain sum, on account of effects unadministered, and being so indebted, he had promised to gay. The second was for money had and received. Judgment by default. Held, that the damages should be assessed by a jury, not by the Court ⁽¹⁾.