Legal Opinion
General Contract Purchase Corp. v. Max Keil Real Estate Co.
Superior Court of Delaware
Decided December 15, 1933No. 1743PublishedCited by 6 opinions
1Opinion of the Court
Layton, C. J.,
delivering the opinion of the Court:
An examination of the authorities leads to the conclusion that, at common law, a practice of entering judgment under warrant of attorney authorizing confession of judgment, in the office of the Clerk of the Court, without action brought, was unknown.
Freeman on Judgments, Vol. 3, § 1302, says:
“At common law there seems to have been two methods of confessing judgment. One was by means of a warrant of attorney which was a written authority directed to one or more attorneys to appear for the party executing it and receive a declaration for him in…
2Cases cited6 opinions
- First National Bank v. WhiteSupreme Court of Missouri · 1909
- Farquhar & Co. v. DehavenWest Virginia Supreme Court · 1912
- Irose v. BallaIndiana Supreme Court · 1914
- Slaughter v. Provident Savings Bank of Preston ex rel. MessickSuperior Court of Delaware · 1911
- Roman Automobile Co. v. MillerSuperior Court of Delaware · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
- Rhoads v. MitchellSuperior Court of Delaware · 1946
- South Orange Trust Co. v. BarrettSuperior Court of Delaware · 1950
- Architectural Cabinets, Inc. v. GasterSuperior Court of Delaware · 1971
- Barclays American/Business Credit, Inc. v. OtterstromDistrict Court, D. Delaware · 1987
1 more not listed; retrieve them via the Exa API.