Roundy v. Hunt
Illinois Supreme Court
Pleas in the Circuit Court of Kane county, in vacation, after the May term, 1858. Sept. 21,1858, there was filed in said court a note, warrant of attorney, affidavit, declaration, and cognovit. Copy of note, as follows: St. Charles, Dec. 16, 1857. $1,824 41-100. One year after date I promise to pay to B. T. Hunt, or order, at his office in St. Charles, eighteen hundred and twenty-four 41-100 dollars, for value received, with interest* (Signed) W. S. ATCHERSON.
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Pleas in the Circuit Court of Kane county, in vacation, after the May term, 1858. Sept. 21,1858, there was filed in said court a note, warrant of attorney, affidavit, declaration, and cognovit. Copy of note, as follows: St. Charles, Dec. 16, 1857. $1,824 41-100. One year after date I promise to pay to B. T. Hunt, or order, at his office in St. Charles, eighteen hundred and twenty-four 41-100 dollars, for value received, with interest* (Signed) W. S. ATCHERSON. Copy of warrant of attorney“ Know all men by these presents, that whereas, the subscriber is justly indebted to B. T. Hunt, upon a…
1Opinion of the CourtWalker, J.
The affidavits used on the hearing of the motion in the court below, are not embodied in a bill of exceptions, and therefore form no portion of this record, and will not be considered. The assignment of errors is upon the whole record, and questions the regularity of the confession of the judgment. There was filed in the clerk’s office, an affidavit proving the signature to the note, but none proving the execution of the warrant of attorney to confess judgment, although the order of the clerk, rendering judgment, recites that it was duly proved. The question is then presented, whether the…
2Cited by18 opinions
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