Churchill v. Lyon
Supreme Court of Iowa
Appeal from Polk District Court. At the August Term, 1858, of the Polk District Court, in open court, the defendant filed his written confession of judgment in favor of plaintiffs, upon which a judgment was entered up in due form. The confession complies with the law in every respect, except that it fails to state concisely the facts out of which the indebtedness arose, merely reciting that the indebtedness was shown by a promissory note, copied and exhibited therewith.
Read the full summary
Appeal from Polk District Court. At the August Term, 1858, of the Polk District Court, in open court, the defendant filed his written confession of judgment in favor of plaintiffs, upon which a judgment was entered up in due form. The confession complies with the law in every respect, except that it fails to state concisely the facts out of which the indebtedness arose, merely reciting that the indebtedness was shown by a promissory note, copied and exhibited therewith. In June, 1859, a motion was filed by defendant to set aside and vacate this judgment. Plaintiffs made a showing that the…
1Opinion of the CourtWright, J.
The motion should have been overruled. As suggested in Van Fleet v. Phillips, 11 Iowa, 558, the policy *433of the statute, in requiring a concise statement of the facts out of which the indebtedness arose, was to prevent frauds against creditors, and not so much to give a rule for the government of the parties to the judgment, as between themselves.” And where, therefore, the written confession is duly sworn to, filed in open court, and judgment thereon rendered in strict accordance with its terms, and where the defendant, without attempting to impeach the consideration, or deny the amount due,…
2Cases cited2 opinions
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
- Gilman v. HoveySupreme Court of Missouri · 1858
3Cited by3 opinions
- Smith v. StateSupreme Court of Kansas · 1902
- Plummer v. Douglas & WatsonSupreme Court of Iowa · 1862
- Vannice v. Greene, Traer & Co.Supreme Court of Iowa · 1864