Roberts v. Third Natl. Exchange Bank

On February 16, 1922, tbe defendant in error took a judgment in tbe Court of Common Pleas against plaintiff in error Stanley Roberts upon a cognovit note in tbe sum of $10,-000, with interest. Tbe judgment was taken without issuance and service of summons upon tbe defendant, Stanley Roberts. Thereafter, on March 10, tbe defendant Roberts filed a motion to set aside tbe judgment upon tbe ground that tbe judgment was taken upon a warrant of attorney for more than tbe amount due from tbe defend*186ant to the plaintiff, for the reason that defendant was not indebted in any amount to plaintiff upon…