Thayer, Aldrich & Co. v. Finley
Illinois Supreme Court
Error to the Circuit Court of Marion county; the Hon S. L. Bryan, Judge, presiding. Finley and Black executed the following warrant of attorney on the 16th of August, 1859, under their hands and seals : “ Thayer, Aldrich é Co. vs. Finley and Blade.
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Error to the Circuit Court of Marion county; the Hon S. L. Bryan, Judge, presiding. Finley and Black executed the following warrant of attorney on the 16th of August, 1859, under their hands and seals : “ Thayer, Aldrich é Co. vs. Finley and Blade. “The said defendants come and waive all informalities, insufficiencies and irregularities in this suit, and authorized an empower B. B. Smith to appear in court, at its August term, 1859, and confess a judgment against them in their behalf, in favor of said plaintiffs, for the sum of four hundred and forty-one dollars and ninety-eight- cents,…
1Opinion of the CourtJustice Breese
This record presents these questions : first, can the plaintiff prosecute a writ of error to reverse a judgment in his favor ? and, second, is it regular to enter a confession of judgment on a cognovit when the record fails to show an appearance by the plaintiff, or his consent to such entry ?
As to the first question, it has been long settled on principle, and in practice, that a party may reverse a judgment in his own favor. This is the doctrine of the books. 2 Tidd’s Practice, 1134; Teal v. Russell et al., 2 Scam. 319; Jones et al. v. Wight et al., 4 ib. 338; Davidson, Admix, v. Bond et…
2Cases cited3 opinions
- Capron v. Van NoordenSupreme Court of the United States · 1804
- Davidson v. BondIllinois Supreme Court · 1850
- Fuller v. RobbIllinois Supreme Court · 1861
3Cited by11 opinions
- Kingsland v. KoeppeIllinois Supreme Court · 1891
- Williams v. BreitungIllinois Supreme Court · 1905
- Deere & Webber Co. v. HinckleySouth Dakota Supreme Court · 1906
- Finance Co. of Pennsylvania v. HanlonAppellate Court of Illinois · 1898
- Posner v. WechterAppellate Court of Illinois · 1934
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