Legal Opinion

Duddleston v. Eckhart

Appellate Court of Illinois

Decided June 14, 1907No. Gen. No. 13,174PublishedCited by 1 opinion

Judgment by confession. Appeal from the Superior Court of Cook county; the Hon. Axel Chytbaus, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1906.

1Opinion of the CourtJustice Smith

This appeal is from an order of the Superior Court denying a motion of appellant to vacate a judgment by confession against him and in favor of appelleé, and for leave to plead to the merits of the case.

Appellant was a tenant of appellee under a written lease containing the usual form of power of attorney authorizing confession of judgment for rent due and unpaid. The lease stipulated for a monthly rental of $225, and the declaration alleged two months rent or $450 to be due and unpaid. Judgment was taken for $470, being the amount of rent due and $20 attorneys’ fees.

The motion was supported…

2Cases cited3 opinions

  1. Crossman v. WohllebenIllinois Supreme Court · 1878
  2. Chicago Fire Proofing Co. v. Park National BankIllinois Supreme Court · 1892
  3. Jones v. GlathartAppellate Court of Illinois · 1902

3Cited by1 opinion

  1. Chicago Bank of Commerce v. KraftAppellate Court of Illinois · 1933

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