Trombly v. Parsons
Michigan Supreme Court
Error to Wayne Circuit. Parsons took judgment against Trombly in the Court below, by confession, upon a note dated July 9th, 1861. Below the note upon the same sheet of paper was the warrant of attorney, which was dated July 16th, 1861, and authorized judgment to be entered up, “on the promissory note hereto attached,” on any day after September 3d, 1861.
1Opinion of the Court
Mahtin Ch. J.:
The statute (Comp. L. §4441) permits judgment by confession when the authority to confess such judgment *273shall be conferred by some proper instrument distinct from that containing the evidence of the debt or obligation for which the judgment is confessed, and capable of being produced and filed with the clerk of the court in which the judgment is entered. The Legislature did not intend to restrict, by this provision, the right of the debtor to make such contract as he might find necessary, or most advantageous to himself, but to establish a rule of practice under which judgments…
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