Aughenbaugh v. Spellman & Co.

This is an appeal from the judgment of the district court of Lincoln county granting a new trial. Spellman & Company brought an action in that court against E. D. Aughenbaugh ‘to recover on an Illinois judgment. The judgment was a judgment upon confession based upon power of attorney alleged to have been executed by defendant. No service of summons was had upon him. The defense was that the power of attorney was a forgery, and that the Illinois judgment was for this reason void. The -jury found in his favor and returned ■ a verdict accordingly. The verdict was, on motion of plaintiff, set…