Mitchell v. Byers State Bank

The defendant in error sued the plaintiff in error on five cognovit notes. The application to vacate the judgment rendered in favor of the plaintiff was denied, and the defendant below sued out a writ of error. The case is presented on a motion for a supersedeas. The parties will be referred to as in the trial court.

The complaint was filed and judgment entered August 28,1926, upon a confession filed by an attorney (not the defendant’s attorney) pursuant to the terms of the note. September 4th the defendant filed a motion to vacate the judgment. The supporting affidavits stated that the note…