Willer v. French
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. A judgment in forcible entry and detainer against appellant and in favor of appellee was entered in the Superior Court by confession and without the issuing or serving of process.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. A judgment in forcible entry and detainer against appellant and in favor of appellee was entered in the Superior Court by confession and without the issuing or serving of process. The lease (a copy of which is attached to the pleadings in the case) contains a clause by which the lessee appoints any attorney of a court of record “to be his attorney for him and in his name and stead, to appear in and before any court of record, at any time after any default or failure made by the party of the second part…
1Opinion of the CourtMoran, P. J.
The complaint filed in the court below contained allegations sufficient to entitle appellee to the remedy sought under the forcible entry and detainer act. In this respect this case differs from the case of Burns v. Nash, decided by this court and reported in 23 Ill. App. 552. The sole question for us to determine on this record is whether the Superior Court obtained jurisdiction of the person of appellant by means of the filing óf the cognovit in pursuance of the warrant of attorney contained in the lease.
It is contended by counsel for aq>pellee that a warrant of attorney to confess judgment…
2Cases cited4 opinions
- Smith v. Lockwood & WoodNew York Supreme Court · 1852
- Hamilton v. SchoenbergerSupreme Court of Iowa · 1877
- Burns v. NashAppellate Court of Illinois · 1887
- Alberty v. DawsonSupreme Court of Pennsylvania · 1804
3Cited by1 opinion
- Armstrong v. MayerNebraska Supreme Court · 1900