Little v. Dyer
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. On July 14, 1887, an indenture was executed between John W. Dyer, defendant in error, as party of the first part, and John Z. Little and Elizabeth C. Little, plaintiffs in error, and one Charles O. White, as parties of the second part, whereby the party of the first part demised and leased to the parties of the second part the Standard Theatre in Chicago, and the scenery, stage properties, ropes, curtains,…
1Opinion of the CourtJustice Baker
Section 66 of the Practice act provides that “any person, for a debt bona fide due, may confess judgment by himself or attorney duly authorized, either in term time or vacation, without process.” The word “debt,” in this statute, is used as indicative of a sum certain that is owing from one person to another. This is manifest from several considerations. In the first place, the confession of judgment contemplated by said section is a confession of judgment in a proceeding instituted “without process,” and therefore has no reference whatever to a cognovit actionem, or confession of judgment…
2Cases cited1 opinion
- Nichols v. HewitNew York Supreme Court · 1809
3Cited by30 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- Edward F. Gerber Co. v. ThompsonWest Virginia Supreme Court · 1919
- Fortune v. BartolomeiIllinois Supreme Court · 1896
- Grundy County National Bank v. WestfallIllinois Supreme Court · 1971
- Brown v. AtwoodAppellate Court of Illinois · 1922
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