Denver Industrial Corp. v. Kesselring

Denver Industrial Corporation, hereinafter referred to as plaintiff, sued the defendants August Kesselring- and Katherine Kesselring- upon their promissory note. The instrument was on the form known as a “ cognovit, ’ ’ or “judgment note,” containing a warrant of attorney to enter the makers’ appearance and confess judgment. Pursuant thereto, plaintiff took judgment without service of process. Thereafter, the defendants appeared, filed an affidavit of a meritorious defense and had the judgment set aside. Leave was granted to defendants to plead, and they filed an answer and counterclaim. The…