Desnoyers Shoe Co. v. First National Bank
Appellate Court of Illinois
Petition for Direction as to the Distribution of Funds, etc.— Appeal from the Circuit Court of Montgomery County; the Hon. William M. Farmer, Judge, presiding. Heard in this court at the April term, 1900.
1Opinion of the CourtJustice Harker
This is an appeal from an order of the Circuit Court, setting aside a judgment by confession in vacation and quashing an execution from it. As stated by counsel for appellant, the sole questions involved in the controversy are:
First, was the declaration, with the affidavit and jurat attached, sufficient authority to authorize the entering of a judgment in vacation ?
Second, ought the court to have received the amended affidavit offered by the Desnoyers Shoe Company ?
Proof of the execution of the power of attorney to confess judgment must be made before the clerk of a court is authorized to…
2Cases cited14 opinions
- Gibler v. City of MattoonIllinois Supreme Court · 1897
- Campbell v. McCahanIllinois Supreme Court · 1866
- Goudy v. HallIllinois Supreme Court · 1863
- The St. Louis & Sandoval Coal & Mining Co. v. Sandoval Coal & Mining Co.Illinois Supreme Court · 1884
- Ferris v. Commercial National BankIllinois Supreme Court · 1895
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3Cited by2 opinions
- First National Bank v. Fidelity & Deposit Co.Appellate Court of Illinois · 1902
- Schmieg v. BurkhardtAppellate Court of Illinois · 1919