Cohen v. Burgess

June 17, 1891, a judgment by confession; the cognovit pursuant to a warrant of attorney, releasing errors, was entered in the Superior Court in favor of the appellee against the appellant. June 20, 1891, Cohen had leave to plead, the judgment to stand as security. He deposited in court $125, in order to obtain that relief. When the case came up for trial upon his plea of the general issue, the only defense, so far as the abstract shows, he had to offer was, that the note upon which the judgment was entered was not then due. The warrant was “ at any timé hereafter,” and therefore authorized…