Legal Opinion

Ball v. Miller

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 7 opinions

Writ of Error to the Circuit Court of DeKalb County; the Hon. T. D. Murphy, Judge, presiding

1Opinion of the CourtJustice Lawrence

This is a writ of error prosecuted on a judgment by confession. The power of attorney was in all respects formal and sufficient, and upon computation we do not find that the judgment was confessed for a larger sum than was authorized by the power, or that the attorney in fact in any way went beyond his authority. There was no error in his including the twenty dollars attorney’s fees in the judgment. He was authorized to do so by the power.

It is urged that the execution of the power of attorney was

not duly proven, the confession being in vacation. But an affidavit was filed with the power…

2Cited by7 opinions

  1. Viele v. Germania InsuranceSupreme Court of Iowa · 1868
  2. Joliet Electric Light & Power Co. v. IngallsAppellate Court of Illinois · 1887
  3. Bowman v. PowellAppellate Court of Illinois · 1906
  4. Desnoyers Shoe Co. v. First National BankAppellate Court of Illinois · 1900
  5. First National Bank of Pana v. Havens & Geddis Co.Appellate Court of Illinois · 1895

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