Legal Opinion

Edgar v. Greer

Supreme Court of Iowa

Decided October 27, 1858PublishedCited by 11 opinions

Appeal from the Hardin District Court. Judgment by Confession. The statement of the defendant, which was filed with the clerk of the district court, on the 28th of April, 1857, reads as follows: “ Know all men by thess presents, That I, Allen Greer, do hereby acknowledge that on the 11th day of August, A. D. 1855,1 executed my promissory note to Dawson and Waggoner, for the sum of seven hundred and sixty-seven dollars and thirty-nine cents, payable two hundred and…

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Appeal from the Hardin District Court. Judgment by Confession. The statement of the defendant, which was filed with the clerk of the district court, on the 28th of April, 1857, reads as follows: “ Know all men by thess presents, That I, Allen Greer, do hereby acknowledge that on the 11th day of August, A. D. 1855,1 executed my promissory note to Dawson and Waggoner, for the sum of seven hundred and sixty-seven dollars and thirty-nine cents, payable two hundred and ninety-five days after date, which note they assigned to A. M. Cassady, Dec. 27th, 1856, and on the same day he assigned the same…

1Opinion of the CourtStockton, J.

A judgment by confession entered by the clerk of the district court in vacation, as authorized by the statute, (Code, section 1837), if founded upon a sufficient written statement of the party, verified by his oath, and filed with the clerk, becomes, when read, approved, and signed by the judge at the next term of the court, (Code, section 1578), the judgment of the court, in the same sense as any other final adjudication, in any other cause. Though entered by the clerk, it is not to be treated as a judgment rendered by him, but by the court, and is subject to revision in this court in the…

2Cases cited1 opinion

  1. Brown v. LittleSupreme Court of Alabama · 1846

3Cited by11 opinions

  1. Vanfleet v. PhillipsSupreme Court of Iowa · 1861
  2. Schuster v. RaderSupreme Court of Colorado · 1889
  3. Bernard & Co. v. Douglas & WatsonSupreme Court of Iowa · 1860
  4. Plummer v. Douglas & WatsonSupreme Court of Iowa · 1862
  5. Blott v. BlottSupreme Court of Iowa · 1940

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