Alton Banking & Trust Co. v. Gray

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellee procured a judgment by confession, in term time, at the May Term 1928 of the city court. At the same term of court appellants’ motion to set aside and vacate the judgment, as to them, was filed and at a subsequent term was overruled and they appealed to this court.

Their contention is that they never signed a warrant of attorney and by reason thereof the court was without jurisdiction as to them. The note and warrant of attorney have not been preserved in the bill of exceptions. Where a judgment by confession is entered in…