Cole v. Hess

Mr. Justice Burke, sitting for Mr. Chief Justice Campbell,

delivered the opinion of the court.

These parties appeared in reverse order in the trial court; they are hereinafter referred to as there, or by name.

This was a suit on a cognovit note. One Hancock, appearing for defendants, under authority granted in the note only, confessed judgment for $5,362.24 with interest, plus ten per cent attorney’s fee and costs. Defendants thereafter appeared by one of their present counsel and moved to vacate, for leave to answer, and for change of venue. Change of venue was denied, otherwise the motion was…