Thorp v. Platt
Supreme Court of Iowa
Appeal from Bremer District Oowrt. On the 9th of November, 1871, the defendant filed in the office of the clerk of the Bremer county district court, a statement of confession, of judgment, as follows: “ I, J. N. Platt, hereby confess judgment in favor of Milton Thorp, the plaintiff herein, for the sum of $400, and authorize the clerk of said court to enter judgment against me for said sum, with costs.
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Appeal from Bremer District Oowrt. On the 9th of November, 1871, the defendant filed in the office of the clerk of the Bremer county district court, a statement of confession, of judgment, as follows: “ I, J. N. Platt, hereby confess judgment in favor of Milton Thorp, the plaintiff herein, for the sum of $400, and authorize the clerk of said court to enter judgment against me for said sum, with costs. “ This confession of judgment is for the sum agreed upon between the parties hereto, in settlement of the contract price of the farm, sold by said Thorp to said Platt, and conveyed by deed,…
1Opinion of the CourtDay, J.
I. The omission of the seal did not invalidate the statement, as between the immediate parties. In New York it has been held that judgment by a confession in a justice’s court, upon a statement to which no affidavit is affixed as required by law, is valid and binding upon the defendant notwithstanding such omission. Stone v. Williams, 40 Barb. 322.
The court might, therefore, have approved the judgment without amendment. But it was competent for the court to grant leave to amend the statement by attaching the seal. Mitchell v. Van Buren et al., 27 N. Y. 300; Union Bank v. Bush, 36 id. 631;…
2Cases cited4 opinions
- Mitchell v. . Van BurenNew York Court of Appeals · 1863
- Miller v. . EarleNew York Court of Appeals · 1861
- Plummer v. Douglas & WatsonSupreme Court of Iowa · 1862
- Stone v. WilliamsNew York Supreme Court · 1863
3Cited by1 opinion
- Bradley v. Delaware CountySupreme Court of Iowa · 1881