Durham v. Brown
Illinois Supreme Court
Tuts was a judgment confessed in vacation by virtue of a power of attorney. The declaration, filed June 14th, 1859, was entitled in vacation, after the February term of the DeKalb county Circuit Court, A. D. 1859. Declaration in usual form upon an assigned note.
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Tuts was a judgment confessed in vacation by virtue of a power of attorney. The declaration, filed June 14th, 1859, was entitled in vacation, after the February term of the DeKalb county Circuit Court, A. D. 1859. Declaration in usual form upon an assigned note. This entry appears of record: And afterwards, to wit, on the 14th day of June, 1859, there was on file, in the office of the clerk of the Circuit Court aforesaid, a certain promissory note, with letters of attorney to confess judgment thereon thereto attached, of which copies are given, pages 5, 6, 7. Then follows a cognovit, signed…
1Opinion of the CourtBreese, J.
There was no affidavit filed with the clerk, proving the execution of the power of attorney to confess the judgment. The statute provides that judgment by confession may be entered in certain courts, of which the Circuit Court of DeKalb is one, at any time in vacation, before the clerk, by filing the proper papers with the clerk, and such judgment shall have the same force and effect, from the time of entry, as if entered in term time. When the proper papers are filed, they become a part of the record, and no bill of exceptions is necessary to bring them before this court — they are on the…
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