Magher v. Howe
Illinois Supreme Court
This was a judgment by confession, entered at the April term, 1850, of the McHenry Circuit Court, Henderson, Judge, presiding.
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This was a judgment by confession, entered at the April term, 1850, of the McHenry Circuit Court, Henderson, Judge, presiding. The plaintiffs in the Court below, produced a note signed L. H. Magher, and N. W. Birge, with a warrant of attorney, authorizing a judgment to be confessed thereon; upon this note a declaration was filed, and a plea confessing, &c., the affidavit proving ihe signatures to the warrant of attorney, states that Noah W. Birge lias, since the making of the said note and power of attorney, departed this life. Magher sued out this writ of error, assigning, that it was error…
1Opinion of the CourtTreat, C. J.
This record presents this state of case. A declaration against Magher, as survivor of Birge, on a promissory note, made by Magher and Birge. A plea, confessing the cause of action, and consenting that judgment may be entered. Then follows an order of the Court, which recites the production and proof of a warrant of attorney, authorizing a confession of judgment against the defendant, and proceeds to enter a judgment accordingly. It is now insisted, that it was irregular and erroneous to enter up a judgment against the surviyor, on a warrant of attorney, executed by the debtors jointly. It is…
2Cited by5 opinions
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- Gould v. HoweIllinois Supreme Court · 1889
- Moss v. FlintIllinois Supreme Court · 1852
- Bannon v. PeopleAppellate Court of Illinois · 1877
- Tyner v. Neal Institutes Co.Appellate Court of Illinois · 1914