Dodge v. Coffin
Supreme Court of Kansas
Error from, Riley District Cowrt. Action by Coffin, as plaintiff, whose petition alleged, “that the said plaintiff, on the 29th of April 1872, by the consideration and judgment of the circuit court of the state of Illinois, begun and held at the court-house in Geneva, in the county of Kane, on said 29th of April, recovered against the said Orlando Dodge, the sum of $511.90 his debt, and his costs in and about his suit expended, taxed at $280, which said judgment, a copy of…
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Error from, Riley District Cowrt. Action by Coffin, as plaintiff, whose petition alleged, “that the said plaintiff, on the 29th of April 1872, by the consideration and judgment of the circuit court of the state of Illinois, begun and held at the court-house in Geneva, in the county of Kane, on said 29th of April, recovered against the said Orlando Dodge, the sum of $511.90 his debt, and his costs in and about his suit expended, taxed at $280, which said judgment, a copy of which is hereto attached marked' ‘Exhibit A,’ still remains in said court in full force and effect, in nowise reversed or…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a judgment rendered in the circuit court of Kane county, Illinois. Said judgment was rendered in the spring of 1872, upon two notes executed in March 1859. Attached to each note was a warrant of attorney authorizing “ Charles Wheaton, Esq., or any other attorney of any court of record,” to enter appearance, waive process, and confess judgment. Upon these warrants, and without any service of process, or other appearance, judgment was entered in vacation. It is insisted that this judgment having been entered in vacation,…
2Cases cited5 opinions
- Christmas v. RussellSupreme Court of the United States · 1866
- Butcher v. Bank of BrownsvilleSupreme Court of Kansas · 1863
- French v. PeaseSupreme Court of Kansas · 1872
- Durham v. BrownIllinois Supreme Court · 1860
- Miflin v. StalkerSupreme Court of Kansas · 1868
3Cited by19 opinions
- Bleakley v. BarclaySupreme Court of Kansas · 1907
- State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
- Werz v. WerzMissouri Court of Appeals · 1881
- Comstock v. AdamsSupreme Court of Kansas · 1880
- Cunningham v. PattersonSupreme Court of Kansas · 1913
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