Parker v. Poole
Texas Supreme Court
Appeal from Harrison. The appellant had, with one Jackson Haggerty, given two notes to James M. Morphis or bearer, for eighty-nine 12-100 dollars each, with a warrant of attorney indorsed, authorizing any Attorney at Law to confess judgment against him for the amount of the note, before a magistrate of Harrison County, Texas, if the notes be not paid when due.
Read the full summary
Appeal from Harrison. The appellant had, with one Jackson Haggerty, given two notes to James M. Morphis or bearer, for eighty-nine 12-100 dollars each, with a warrant of attorney indorsed, authorizing any Attorney at Law to confess judgment against him for the amount of the note, before a magistrate of Harrison County, Texas, if the notes be not paid when due. After maturity, Morphis, being an Attorney at Law, appeared before a Justice of the Peace and confessed judgment on one of the notes in favor of Thomas G. Sharp, and in the other in favor of John Poole. The petitions for certiorari…
1Opinion of the Court
Hemphill, Ch. J.
One of the grounds, taken here, to reverse the judgment, is, that an Attorney has not nor can he *87have any authority under the law to confess judgment for another before a Justice of the Peace; that the statute (Art. 1720) authorizes the party himself to appear without citation and confess judgment, but not to delegate authority to another to perform the act. An answer to this is found in the general maxim, that whatever a man sui juris may do of himself, he may do by another. There are exceptions to the rule. The act, sometimes, from its nature, must be performed by the party…
2Cited by7 opinions
- Nathan A. Watson Co. v. Employers Mutual Casualty Co.Court of Appeals of Texas · 2007
- Wray v. StateCourt of Criminal Appeals of Texas · 1921
- Hipple v. StateCourt of Criminal Appeals of Texas · 1916
- First Nat. Bank v. BakerNew Mexico Supreme Court · 1919
- McDuff v. StateCourt of Appeals of Texas · 1878
2 more not listed; retrieve them via the Exa API.