Ling v. King & Co.

On the 8th day of September, 1876, appellant Ling filed in the office of the clerk of the circuit court a declaration, a promissory note, and a warrant of attorney to confess a judgment against Stewart & Benford; also, proof of the execution of the warrant of attorney and a cognovit, all of which were spread at large on the records by the clerk. This was all done in vacation, and out of term time. The clerk entered no judgment or order of any description, but thereupon issued an execution against Stewart & Benford for the sum named in the cognovit, directed to the sheriff, and it was…