Hinds v. Hopkins
Illinois Supreme Court
Hopkins, on. the 22nd day of June, 1860, filed his declaration in the Kane Circuit Court, counting on a note, bearing date May 13, 1859, due in one year, for $843, payable to O. D. Day, and by him assigned to plaintiff, with interest, at ten per cent., and common covenants. On the same day he filed the note for $843, due in one year, bearing date May 13, 1859, payable to O. D. Day, and by him assigned to Hopkins.
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Hopkins, on. the 22nd day of June, 1860, filed his declaration in the Kane Circuit Court, counting on a note, bearing date May 13, 1859, due in one year, for $843, payable to O. D. Day, and by him assigned to plaintiff, with interest, at ten per cent., and common covenants. On the same day he filed the note for $843, due in one year, bearing date May 13, 1859, payable to O. D. Day, and by him assigned to Hopkins. There was a power of attorney in ordinary form, dated May 13, 1859. Affidavit of signature by E. R. Allen, May 30, 1860. Cognovit in due form, filed June 22, 1860, confessing…
1Opinion of the CourtWalker, J.
These cases involve the same question, and will be considered and determined in one opinion. The judgments were confessed on warrants of attorney more than a year and a day after the warrants were given. The record fails to show that there was filed any affidavit in either case, that the makers of the notes were living, or that the debts, or some portion of them, were still due and unpaid. By the well recognized practice in Great Britain, after the expiration of a year and a day from the execution of a power of attorney to confess a judgment, such an affidavit must be produced, and a rule of…
2Cited by5 opinions
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