State Mutual Building & Loan Ass'n v. Batterson

The opinion of the court was delivered by

Swayze, J.

This is a motion to open a judgment entered upon a bond and warrant of attorney.

The bond was secured by a mortgage which was foreclosed. The case is reported in 1 Robb. 595. It was there held that the mortgage did not secure the premiums, fines and charges, for the payment of which, together with the principal and interest, the bond was conditioned. In every other respect the decree in favor of the complainant in the foreclosure suit was sustained. Judgment was then entered upon the bond, by virtue of the warrant of attorney, for the penalty…