Iglehart v. Chicago Marine & Fire Insurance
Illinois Supreme Court
Writ oe Error to the Circuit Court of Cook comity, the Hon. George Manierre, Judge, presiding. The defendant in error, on the 4th day of May, 1860, filed in the Cook County Circuit Court, in open court, its declaration, with two notes and two warrants of attorney annexed thereto, and thereon procured the entry of judgment, as by confession, against the plaintiff in error for $2,100.10 damages, besides costs.
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Writ oe Error to the Circuit Court of Cook comity, the Hon. George Manierre, Judge, presiding. The defendant in error, on the 4th day of May, 1860, filed in the Cook County Circuit Court, in open court, its declaration, with two notes and two warrants of attorney annexed thereto, and thereon procured the entry of judgment, as by confession, against the plaintiff in error for $2,100.10 damages, besides costs. T]ie declaration contained one special count, alleging that the defendant in error, on the 7th of January, 1860, executed two promissory notes, payable to the order of the defendant in…
1Opinion of the CourtChief Justice Walker
This judgment was confessed in open court, and the presumptions are in favor of the regularity of all the proceedings. According to the, rules of practice, it was necessary that proof should have been made of- the execution of the warrant of attorney before the judgment was confessed. And the evidence of that fact need not be preserved in the record, as it should when a judgment is confessed in vacation before the clerk. In the latter case it must appear in the record, but in the former it will be presumed to have been done, unless it appears to have been omitted. There is, therefore, no…
2Cited by6 opinions
- Gardner v. BunnIllinois Supreme Court · 1890
- Doyle v. DoyleIllinois Supreme Court · 1915
- Book v. EwbankAppellate Court of Illinois · 1941
- Ray v. MollAppellate Court of Illinois · 1949
- Crane v. NelsonAppellate Court of Illinois · 1891
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