Sherman v. Baddely
Illinois Supreme Court
This was a judgment, entered by confession, in the Court of Common Pleas for Cook county, at the May term, 1849, Spring, Judge, presiding. At the same term, the appellee, defendant below, entered his motion to set aside the judgment, and filed his affidavit, in support of his motion—the ground of which was, that the note upon which the judgment was rendered, was not due at the time of the rendition of the judgment.
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This was a judgment, entered by confession, in the Court of Common Pleas for Cook county, at the May term, 1849, Spring, Judge, presiding. At the same term, the appellee, defendant below, entered his motion to set aside the judgment, and filed his affidavit, in support of his motion—the ground of which was, that the note upon which the judgment was rendered, was not due at the time of the rendition of the judgment. The motion was resisted by appellants, who also filed affidavits, in showing cause against the allowing of the motion. The Court below set aside the judgment, and the plaintiff…
1Opinion of the Court
Opinion by Treat, C. J.:
The affidavits copied into the transcript, not being incorporated in a bill of exceptions, do not properly form a part of the record. The ease must, therefore, be determined without taking them into consideration. The only question is, whether the judgment was properly entered in the first instance; for, if it was, the subsequent order of the Court, vacating it, was clearly erroneous. We do not perceive any valid objection to the judgment. It wag based on a warrant of attorney, executed by the defendant, expressly authorizing a confession of judgment for the amount of…
2Cited by12 opinions
- Adam v. ArnoldIllinois Supreme Court · 1877
- Elkins v. WolfeAppellate Court of Illinois · 1892
- Reid v. SouthworthWisconsin Supreme Court · 1888
- Shepherd v. WoodAppellate Court of Illinois · 1898
- St. Clair v. GoldieAppellate Court of Illinois · 1927
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