Perisho v. Perisho

This is an appeal from a decree subjecting certain funds in the hands of appellant to the payment of a judgment held by appellee against one Wm. H. Perisho. It is urged as a ground of reversal that the judgment is void because it was prematurely entered, and because there was no sufficient affidavit proving the execution of the power of attorney to confess, the judgment being by confession, in vacation.

The note was dated January 3.1893, payable one day after date and was accompanied by a power of attorney authorizing a confession “ at any time after this note becomes due.” The judgment was…