Heeney v. Alcock

This appeal is prosecuted to reverse the judgment of the county court, overruling appellant’s motion to vacate a judgment entered by confession, or to stay proceedings under the judgment, until a trial can be had upon the merits. The note and warrant of attorney which was under seal, were executed in the name of “ Heeney & Son,” the note being dated February 23, 1881, payable to appellees on demand, after date.

Upon the hearing of the motion, affidavits of both the appellants were read, in support of the motion, tending strongly to show that the note was not given for any indebtedness of the…