Hodges v. Ashurst & Sons
Supreme Court of Alabama
Writ of error to the Circuit Court of Lawrence. In the transcript, a power of attorney, purporting to have been executed by the plaintiffs in error, on the 3d December, 1839, is set out at length. This power of attorney authorizes the attorneys therein named, or either of them, to confess a judgment for the plaintiffs, in favor of the defendants; but as it is not considered by the Court as a part of the record, it is deemed unnecessary to recite it more particularly.
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Writ of error to the Circuit Court of Lawrence. In the transcript, a power of attorney, purporting to have been executed by the plaintiffs in error, on the 3d December, 1839, is set out at length. This power of attorney authorizes the attorneys therein named, or either of them, to confess a judgment for the plaintiffs, in favor of the defendants; but as it is not considered by the Court as a part of the record, it is deemed unnecessary to recite it more particularly. No writ was issued, or declaration filed, in the Circuit Court, but the only proceeding there had, is in these words: “ Richard…
1Opinion of the CourtCollier, C. J.
— So many of the errors assigned, as refer to the power of attorney copied in the transcript, cannot be noticed. That paper is not necessarily a part of the record, and not being so made by order of the Circuit Court, we are-not authorized to look to it, for any purpose.
In respect to the sufficiency of the judgment, it may be remarked, that it is competent for a Court, having jurisdiction of the subject matter, to receive the confession of a judgment, though no writ, or other proceedings, have been had in the case. (Coller v. Denson, Minor’s Rep. 19.) So a judgment may be confessed by an…
2Cited by10 opinions
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