Fleming v. Jencks
Illinois Supreme Court
This was a judgment by confession, on a note of hand for $1,370, dated Sept. 16th, 1857, payable sixty days after date, with interest at ten per cent., given by plaintiffs in error to defendants in error. With the note was a warrant of attorney to any attorney of a court of record, to confess a judgment for amount due on note and costs, and $100, attorney’s fee.
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This was a judgment by confession, on a note of hand for $1,370, dated Sept. 16th, 1857, payable sixty days after date, with interest at ten per cent., given by plaintiffs in error to defendants in error. With the note was a warrant of attorney to any attorney of a court of record, to confess a judgment for amount due on note and costs, and $100, attorney’s fee. Judgment was confessed by an attorney for defendants, for $1,490, on the lO.th November, 1857, in the Court of Common Pleas of Aurora, in the vacation after the October term of said court. There was a motion to set aside the judgment,…
1Opinion of the CourtCaton, C. J.
An important question is now ,for the first time presented to this court, and that is, whether under any circumstances, we shall interfere with or examine the exercise of discretion by the court below in overruling a motion to set aside a judgment, entered by confession by an attorney, because usury entered into the consideration of the judgment. While the English courts have freely exercised this power of setting aside judgments thus entered, and for this cause, in some of the American courts, the application has been as uniformly refused, and the party turned over to the court of chancery.…
2Cited by8 opinions
- Gardner v. BunnIllinois Supreme Court · 1890
- Page v. WallaceIllinois Supreme Court · 1877
- Bell v. FergusSupreme Court of Arkansas · 1892
- McGuire v. CampbellAppellate Court of Illinois · 1895
- Eaton v. ShieldsAppellate Court of Illinois · 1959
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