Berg v. Commercial National Bank

Plaintiffs in error advance three propositions: 1st. That a member of a copartnership has no implied authority to execute on behalf of such copartnership a power or warrant of attorney to confess a judgment against such partnership, even for a partnership debt. 2d. A debtor has a right to favor one of his creditors to the exclusion of others by giving judgment or creating liens in other ways on his property. The right to prefer is his legal privilege. 3d. Where a motion to vacate a judgment confessed is based solely on the fact that the court was without jurisdiction to enter the judgment, if…