First National Bank of Pana v. Havens & Geddis Co.
Appellate Court of Illinois
Judgments by Confession.—Motion to vacate, etc. Appeal from the Circuit Court of Christian County; the Hon. Jacob Fouke, Judge, presiding.
1Opinion of the CourtJustice Boggs
The cross-motion interposed by the sheriff to strike from the files appellees’ motion to vacate the judgments was properly overruled.
A judgment creditor may, by motion in a court of law, attack a prior judgment against his debtor on the ground it is void for want of jurisdiction or authority to enter it, or is fraudulent or collusive as to him. Black on Judgments, Sec. 290-293; Freeman on Judgments, 4th Ed., Vol. 2, Dec. 557.
Courts of law exercise equitable jurisdiction over judgments by confession in vacation, and if there is an absence of authority to confess, or the judgment is fraudulent,…
2Cases cited6 opinions
- Colson v. LeitchIllinois Supreme Court · 1884
- Farwell v. HustonIllinois Supreme Court · 1894
- Young v. ClappIllinois Supreme Court · 1892
- Weigley v. MatsonIllinois Supreme Court · 1888
- Hulse v. MershonIllinois Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Vella v. PourAppellate Court of Illinois · 1946
- Bauer Grocer Co. v. McKee Shoe Co.Appellate Court of Illinois · 1900