Axelson v. Dailey Co-Operative Co.

This cause is here on writ of error and application for supersedeas to review a judgment obtained by the Dailey Co-operative Company, a corporation, plaintiff below, against Axelson, defendant, on two causes of action, based upon two promissory notes. We refer to the parties as aligned in the trial court.

The defendant was not served with process, but an attorney appeared, waived service and confessed judgment under powers contained in the notes, which might be and were exercised “if not paid when due.” Judgment was accordingly entered and it was later assigned to Kelsey, one of the defendants…