Farmers & Mechanics Bank v. Mather
Supreme Court of Iowa
Appeal from Washington Circuit Court. On the 24th day of November, A. D. 1869, the appellees, S. B. Mather and W. S. Hamilton, executed their joint promissory note to the appellant for $1780.49, with ten per cent interest, payable four months after date. On the 25th day of May, 1870, appellees filed their cognovit with the clerk, confessing judgment in the circuit court in favor of appellant upon said note, and judgment was entered thereon by the clerk in vacation.
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Appeal from Washington Circuit Court. On the 24th day of November, A. D. 1869, the appellees, S. B. Mather and W. S. Hamilton, executed their joint promissory note to the appellant for $1780.49, with ten per cent interest, payable four months after date. On the 25th day of May, 1870, appellees filed their cognovit with the clerk, confessing judgment in the circuit court in favor of appellant upon said note, and judgment was entered thereon by the clerk in vacation. On the same day a bond, for stay of execution, was filed, and approved by the clerk. The confession showed that Mather was…
1Opinion of the CourtMiller, J.
The error assigned is the overruling of the plaintiff’s motion to cancel the judgment of confession entered by the clerk, at the instance of the defendants, and without the knowledge or assent of the bank or any of its officers. And the question for our determination is, whether a judgment thus confessed by the defendants is binding on the plaintiff.
This question must be answered in the negative. One of the fundamental requisites to the validity of a judgment is, that the court should have had jurisdiction of the subject-matter and of the parties. It is as necessary that the court have…
2Cases cited7 opinions
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- Harrington v. PeopleNew York Supreme Court · 1849
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- Goodpaster v. PorterSupreme Court of Iowa · 1860
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