American Bowling Club, Inc. v. Kanefsky

Dissenting Opinion by

Mr. Justice Bell:

Plaintiff, pursuant to a warrant of attorney which will be hereinafter quoted, entered a judgment pro confesso for the accelerated rent for the balance of the term. The court below on motion of the defendants struck off this judgment because of certain fatal defects in the exercise of the power. Plaintiff then entered a second judgment, this time only for rent in arrears, which was likewise stricken óff - by the court *140below on tbe theory that the warrant of attorney had been exhausted by the original void exercise thereof. The real question is whether one…