Granville v. Gratzer

The question is presented upon this appeal as to whether a body execution may issue on a judgment entered by confession, where no action has been brought by the creditor against the debtor. The confession in this case contained an admission that the claim arose out of a civil fraud and stipulated that the creditor was entitled to issue a body execution. *515In addition, it provided for the delivery of certain notes, which the creditor accepted in settlement of all claims against the debtor.

The debtor paid the first note and then defaulted, whereupon the present judgment was entered on the…