Lathrem v. Foreman

OPINION

By McBRIDE, J.:

On a petition to vacate a judgment taken by confession it was undisputed that the original note and warrant of attorney was lost and was not produced at the time the judgment was rendered or at any other *40time during the subsequent proceedings. This presents the question of the authority of an attorney to confess judgment and of the jurisdiction of the court over the person of the defendant when the original warrant of attorney is not available. A second problem arises as to the validity of an attempt to restore the instrument and to obtain judgment without notice to the…