Rankin v. Filburn & Ivers

Opinion by

White, P. J.

§ 797. Judgment• by confession; where made under power of attorney; affidavit, etc.,, not necessary, when, etc. Appellant, after being sued and served with citation in the suit, authorized an attorney, by power of attorney, to appear and confess judgment in favor of appellees for the amount of their claim. The attorney appeared and filed his power of attorney in the cause, and confessed the judgment, but there was no affidavit made of the justice of the debt, and no recital of the contents of the power of attorney was made in the judgment. Held, articles 13-17 and 1318…