Kummerle v. Cain

Opinion by

Henderson, J.,

The instrument on which the judgment was entered in this case was in legal effect a power to the Prothonotary to confess judgment, with the same effect as if it had been done by a warrant of attorney: Ely v. Karmany, 23 Pa. 314. The maker of the paper died some months before the judgment was entered. No action had been instituted in her lifetime to enforce the obligation. The instrument therefore lacked the attendant conditions necessary to create a cognovit actionem. The authorities in this State are to the effect that a judgment entered by confession on the authority…