Phillips v. Bryan

O’NIELL, O. J.

This is an action to annul a judgment obtained by the defendant against the plaintiff, without citation or notice, on a promissory note containing a confession of judgment. The note was for $3,607.90 and bore S percent. interest from the 4th of December, 1920, and 10 per cent, attorney’s fee. The note was not said to be payable on demand or on a specified date. The plaintiff in this suit claimed also a balance of $1,011.35, alleged to be due him for 26 bales of cotton, weighing 13,289 pounds, which he alleged the defendant had sold for his account, and which he alleged was worth…