General Contract Purchase Corp. v. Max Keil Real Estate Co.

I thoroughly agree with the conclusion expressed by the Chief Justice, namely, that neither by any statute nor by our practice can a judgment be entered by confession by virtue of a warrant of attorney when the instrument upon which the judgment is entered is not under seal.

I do not, however, concur in the opinion that our present well defined practice as to entering judgments by virtue of warrants of attorney has no foundation in the common law, nor any basis in statute. Believing that the practice is directly traceable to the common law, I feel it not inappropriate to indicate the sources…