Rising v. Brainard

Per Curiam :

This is an application for a supersedeas. The error assigned is, that a judgment was entered in vacation by confession under a power of attorney upon a note, more than a year and a day after the note fell due, without proof that the defendant was then alive, or that the debt was then due. The power of attorney was sufficient in its terms to authorize the entry of the judgment. This court has reversed judgments entered by confession, where the terms of the power of attorney did not authorize the entry of such a judgment; also, j udgments entered in vacation where there was no proof…