
    Hopson vs. Fountain.
    Where a judgment is rendered on a verdict without a plea, such judgment is erroneous and reversible.
    Fountain instituted an action of covenant against Hopson, in the Circuit Court of Montgomery county, on an obligation for the payment of Mississippi bank notes. The case was submitted to a jury without a plea, and a verdict rendered in favor of the plaintiff for the sum of $309 damages, and judgment rendered thereupon. There was no bill of exceptions or appeal from the judgment.
    The defendant filed a transcript of the record in the Supreme Court, and prayed a writ of error.
    
      Boyd, for .the plaintiff in error.
    
      Kimble, for the defendant in error.
   Turley, J.

delivered the opinion of the court.

This is a case where a verdict and judgment have.been rendered without pleas. This is error. We have said that the want of a similiter is cured by verdict; that pleas in short will be considered as good pleas, when received by the counsel; but where there can be no issue or any thing purporting to be one, there is nothing for a jury to try, and, therefore, nothing upon which a judgment can he based. A judgment by default, which is an admission of the right of action, is the proper course to pursue. ' .

Judgment reversed, and case remanded to be proceeded in.  