Wood & Bros. v. Winship Machine Co.
Cases that cite this one
7 later published cases cite this decision.
- Government Street Lumber Co. v. AmSouth Bank, NA (Ala. 1989)
- Vinyard v. Republic Iron & Steel Co. (Ala. 1921)
- Smith v. Combustion Resources Engineering, Inc. (Ala. 1983)
- Citizens Nat. Bank of Orange, Va. v. Waugh (4th Cir. 1935)
- Raleigh County Bank v. Poteet (W. Va. 1914)
- Stephenson v. Allison (Ala. 1898)
- Ledbetter & Co. v. Vinton (Ala. 1895)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The action is founded on a written instrument, ascertaining the plaintiff’s demand, and the judgment is one by. default. The note obligates the maker to pay principal, interest, and ten per-cent, attorney's fees. This we construe to mean, ten per-cent, on the amount of the note, as attorney’s fees in any suit brought to enforce its collection. Such a demand will support a judgment by default, for the entire amount due, including the attorney’s fees, without the intervention of a jury. — Code, 1886, §2740; McKenzie v. Clanton, 33 Ala. 528; Burns v. Howard, 68 Ala. 352. It is not a case of recovery for a mere penalty stipulated to be paid by written promise, as in McPherson v. Robertson, 82 Ala. 459, where it was held error to render judgment by default without writ of inquiry by a jury to determine the amount of damages.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.