Legal Opinion

Bryant v. Harding

Supreme Court of Missouri

Decided January 15, 1860PublishedCited by 3 opinions

Error to Clay Circuit Court. On the 27th of April, 1858, one Murray gave James H. Moss a power of attorney to confess a judgment against him in favor of Roger E. Harding, George 0. Kimbrough and Richard F. Toomer. At tlie April term, 1858, of tlie Clay circuit court, a judgment was confessed under this power. The affidavit on the part of the plaintiffs in tlie judgment, Harding, Kimbrough and Toomer, was made by their agent Thomas McCarty.

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Error to Clay Circuit Court. On the 27th of April, 1858, one Murray gave James H. Moss a power of attorney to confess a judgment against him in favor of Roger E. Harding, George 0. Kimbrough and Richard F. Toomer. At tlie April term, 1858, of tlie Clay circuit court, a judgment was confessed under this power. The affidavit on the part of the plaintiffs in tlie judgment, Harding, Kimbrough and Toomer, was made by their agent Thomas McCarty. At the same term Edward Y. Bryan and others, alleging that they were judgment creditors of Murray,-moved the court to set aside the judgment by confession…

1Opinion of the CourtEwing, Judge

The question in this case involves the interpretation of section 24 of article 12 of our practice act, respecting the confession of judgments. Was the agent of the defendants in error authorized to make the affidavit required by the statute in such cases ? The statute authorizes a judgment by confession, for a debt owing upon a note, bond, or bill of exchange, under the power of attorney of the debtor acknowledged as required of deeds of land for their record and filed in the court rendering the judgment at the time of its rendition, together with the note, bond or bill of exchange and the…

2Cited by3 opinions

  1. Hinkle v. LovelaceSupreme Court of Missouri · 1907
  2. Southern Bank of Missouri v. McDonaldSupreme Court of Missouri · 1870
  3. Halfhill v. MalickWisconsin Supreme Court · 1911

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