Legal Opinion

Hamilton v. Schoenberger

Supreme Court of Iowa

Decided December 11, 1877PublishedCited by 15 opinions

Appeal from Benton District Court. The petition alleges that on the 29th day of January, 1876, the plaintiff, residing in the State of Pennsylvania, executed to the defendants a promissory note as follows: .“Januaey 29, 1876. . Two years after date I promise to pay to the order of Gr. and J. H. Shoenberger five thousand dollars, without defalcation, value received, with interest from date, payable semi-annually.

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Appeal from Benton District Court. The petition alleges that on the 29th day of January, 1876, the plaintiff, residing in the State of Pennsylvania, executed to the defendants a promissory note as follows: .“Januaey 29, 1876. . Two years after date I promise to pay to the order of Gr. and J. H. Shoenberger five thousand dollars, without defalcation, value received, with interest from date, payable semi-annually. And I do hereby empower any attorney of any court of record, within the United States or elsewhere, to appear for me and confess judgment against me as of any term for above smn, with…

1Opinion of the Court

Day, Oii. J.

1. judomknt: cannot bo toiney. It is claimed by appellant that the principles of the common law, authorizing a warrant of attorney to confess judgment, are in force in this State, and that the provisions of our Code respecting the recovery of judgment by action and confession of judgment are merely cumulative. We do not think this position is correct. The whole subject of the recovery and rendition of judgment is fully reviewed in the Code, and the course to be pursued in obtaining a judgment is specifically pointed out. Chapter 0, title 17, designates the mode to bo pursued in…

2Cases cited1 opinion

  1. State v. McGrewSupreme Court of Iowa · 1860

3Cited by15 opinions

  1. W. H. Barber Co. v. HughesIndiana Supreme Court · 1945
  2. Farquhar & Co. v. DehavenWest Virginia Supreme Court · 1912
  3. Cuykendall v. DoeSupreme Court of Iowa · 1906
  4. Redfern v. RedfernSupreme Court of Iowa · 1931
  5. Paulausky v. Polish Roman Catholic UnionIndiana Supreme Court · 1942

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