PRETRIAL ADJUDICATION
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Default
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Default Judgment
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Entry By Clerk Entirely Ministerial
............Damages Clearly Ascertainable
2 Cards On This Topic:
Clerk erred in entering default judgment on secured promissory note where damages could not be determined without taking evidence on alleged worthlessness of security.
Clerk authorized to enter default judgment in action for monetary damages only in contract actions where fixed amount clearly ascertainable from terms of contract.