Commercial Credit Corp. v. Wasson

On June 23,1941, plaintiff took judgment against the defendant upon a warrant of attorney contained in a cognovit note of which plaintiff was a holder in due course. On October 11, 1941, after the term at which the judgment was taken, defendant, under Section 11631, General Code, filed a petition to vacate the judgment. It alleged that the note was a forgery and that he had no notice of the proceedings in which the judgment was taken until execution was served under it on September 16, 1941. A proposed answer was tendered with the petition which answer denied that any amount was due on the…