McMillan v. Greenamyer

This is an appeal from a judgment against three defendants upon a confession of judgment filed by two of them. Before the confession was filed the third defendant had interposed an answer to the complaint and, after it was filed and by leave of court, he presented an amended answer. The trial court, without in any manner disposing of this pleading and without the hearing of any evidence, and without any findings of fact, rendered judgment upon the confession. Respondent moved for a dismissal of this appeal on the ground that an appeal from a judgment by confession does not lie. We denied the…