Supreme Court of Iowa January 15, 1848 (Miller v. Hardacre)

Opinion by

Greene, J.

This was an action of assumpsit, in which judgment was rendered by nil dicit. It is claimed ■ that the court erred in rendering such a judgment after a plea *156of general issue had been filed. Certainly if such a plea was pending before the court, it was grossly erroneous to render a judgment by nil dicit; for the very character of the judgment implies a failure to plead.