Hellyer v. Baldwin
Supreme Court of New Jersey
On rule to show cause why a judgment entered upon a bond with warrant to confess judgment should not be vacated.
1Opinion of the Court
*142The opinion of the court was delivered by
Eeed, J.
The defendants executed a real estate mortgage, and for the same debt secured by that mortgage made the bond, upon which the judgment now attacked was entered. The bond was accompanied by a warrant, authorizing any attorney, in case of the breach of the conditions of the bond, ’to appear in any competent court and confess a judgment.
The bond was not paid according to the conditions, and judgment was entered by confession. No suit had been brought to foreclose the mortgage. The defendants insist that ■the judgment was prematurely entered.
In…
2Cited by6 opinions
- Andrus v. BurkeNew Jersey Court of Chancery · 1901
- Crosby v. WashburnSupreme Court of New Jersey · 1901
- Seigman v. StreeterSupreme Court of New Jersey · 1899
- Van Aken v. TiceSupreme Court of New Jersey · 1897
- Weatherby v. SparksSupreme Court of New Jersey · 1899
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