Legal Opinion

Bernard & Co. v. Douglas & Watson

Supreme Court of Iowa

Decided April 14, 1860PublishedCited by 7 opinions

Appeal from Benton District Court. On the 28th day of February, 1859, one J. W. Plummer filed in the office of the clerk of the District Court of Benton county, a statement for a judgment by confession, in favor of Douglas & Watson. A judgment was entered by the clerk upon the judgment docket of said court.

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Appeal from Benton District Court. On the 28th day of February, 1859, one J. W. Plummer filed in the office of the clerk of the District Court of Benton county, a statement for a judgment by confession, in favor of Douglas & Watson. A judgment was entered by the clerk upon the judgment docket of said court. On the 11th day of March, 1859, the record of this judgment by confession, which had been made by the clerk in vacation, was approved and confirmed by the judge of the District Court, in open court, and this judgment became a lien upon the property of Plummer. On the 6th day of March,…

1Opinion of the CourtBaldwik, J.

It is insisted by tbe appellants, that tbe judgment confessed by Plummer was not made in compliance with tbe requisites of tbe statute, regulating tbe entry of judgments by confession, and is therefore void, and tbe court erred in refusing to sustain the motion to set tbe same aside. Two objections are made to tbe validity of this judgment by confession: 1st. That tbe statement of facts filed by Plummer at tbe time of tbe confession does not sufficiently show out of what tbe indebtedness arose. 2d. That it does not appear that tbe amount for which tbe judgment was confessed was justly due, or…

2Cases cited2 opinions

  1. Lawless v. HackettNew York Supreme Court · 1819
  2. Edgar v. GreerSupreme Court of Iowa · 1858

3Cited by7 opinions

  1. Vanfleet v. PhillipsSupreme Court of Iowa · 1861
  2. O'Keefe v. FosterWyoming Supreme Court · 1895
  3. Stewart Lumber Co. v. DownsSupreme Court of Iowa · 1909
  4. Plummer v. Douglas & WatsonSupreme Court of Iowa · 1862
  5. Puget Sound National Bank v. LevyWashington Supreme Court · 1895

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