Mitchell v. Miller

The defendant in error sued the Mitchells. Judgment was entered against both defendants on a cognovit note. The application to set- aside the judgment was denied, and defendants sued out a writ of error and applied for supersedeas. The parties will be referred to as in the trial court.

August 28, 1926, the complaint was filed. Pursuant to the terms of the note, an attorney (not the defendants’ attorney) filed a confession of judgment, and judgment was entered. September 4th the defendants filed a joint motion to set aside the judgment. The motion was supported by defendant Flora Mitchell’s…