American National Bank & Trust Co. v. Smiley

This is an appeal from an order of the Circuit Court entered upon a hearing wherein a judgment by confession, entered in favor of plaintiff, was opened and reduced after defendant pleaded matters of a defensive nature. The judgment by confession was predicated upon a cognovit provision in a written commercial lease which also contained a “liquidated damages” provision in the event that defendant, lessee, held over after the expiration of the tenancy. In this appeal plaintiff argues that defendant’s answer under his motion to vacate plaintiff’s judgment by confession failed to allege…