Norton v. Allen
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an application by the appellant, to have a judgment by confession, in favor of the appellee, set aside, and let in a defense to the merits.
1Opinion of the CourtChief Justice Beeese
There is nothing in this case to warrant the interference of this court in behalf of appellant.
The usual warrant of attorney to confess judgment, with attorney’s fee of thirty dollars in addition, was attached to the note. In the exercise of a sort of equitable jurisdiction over confessions of judgment by warrant of attorney, courts often set aside such judgments, in whole or in part, in order to let in a defense to the merits. But the court can fully protect the rights of the parties as well by staying all proceedings on the judgment, and permitting it to stand as security until the merits…
2Cases cited1 opinion
- Lake v. CookIllinois Supreme Court · 1854
3Cited by4 opinions
- Farmers Bank v. StenfeldtAppellate Court of Illinois · 1930
- Genden v. BailenAppellate Court of Illinois · 1934
- Uhlendorf v. KaufmanAppellate Court of Illinois · 1891
- Heeney v. AlcockAppellate Court of Illinois · 1881