Mahoney v. Collman

Opinion by

Me. Justice Kephaet,

This appeal raises the question whether a judgment may be confessed by an attorney on a copy of a note, the original, containing a power to confess judgment, having been lost, mislaid, stolen or secreted. The pleadings necessary to show the facts will be printed in the statement of facts.

An amicable action and confession of judgment on a note or .other instrument is according to ancient and established practice (Flanigen v. Phila., 51 Pa. 491, 493) existing long before the Act of February 14, 1806, 4 Sm. L. 278, section 28. Under the Act of 1806, a judgment may…