Hermitage Loan Co. v. H. Daykin

In March, 1929, Daylán and wife executed a note for borrowed money to the Hermitage Loan Company, the note containing a power of attorney to confess judgment against tliem if they should default in payment of the note. This power of attorney was enforceable in law at the time the note was executed. Shannon’s Code (all editions), sections 4705-4707.

Judgment was confessed before a justice of the peace, pursuant to this power of attorney, in March, 1982, without service of process on Daykin and wife, and execution by garnishment on Daykin’s employer was issued and served. Thereupon, on the…