P. P. Mast Buggy Co. v. Litchfield Furniture, Hardware & Implement Co.
Appellate Court of Illinois
Memorandum.—Motion to set aside a judgment entered by confession in vacation. In the County Court of Montgomery County; the Hon. George R. Cooper, Judge, presiding. Trial by jmy upon stipulated issues; verdict for defendant upon instruction by the court; appeal. Heard in this court at the November term, 1893, and affirmed.
1Opinion of the CourtJustice Pleasants
On July 28, 1893, being in vacation, the clerk of the County Court entered up two judgments by confession on promissory notes with power of attorney, in favor of appellants and against appellee, which is a corporation. Executions thereon were issued on the same day and levied on the next, upon personal property of the defendant.
These notes with the powers of attorney were all signed as follows:
“ Litchfield Furn., Hdw. & Imp. Co.,
per W. S. Paden, Pres.”
On the same day that the executions were levied, defendant entered its motion to vacate the judgments and quash the executions, on the ground…
2Cases cited3 opinions
- Walker v. OliverIllinois Supreme Court · 1872
- Dean v. GerlachAppellate Court of Illinois · 1889
- B. S. Green Co. v. BlodgettAppellate Court of Illinois · 1893
3Cited by2 opinions
- H. J. Andrews & Co. v. Anchor Folding Box Manufacturing Co.Appellate Court of Illinois · 1918
- Van Zandt v. GormleyAppellate Court of Illinois · 1896