Frear v. Commercial National Bank

Illinois Supreme Court
Frear v. Commercial National Bank, 73 Ill. 473 (Ill. 1874)
Walker

Frear v. Commercial National Bank

Opinion of the Court

Mr. Chief Justice Walker

delivered the opinion of the Court:

This was a judgment confessed in the Superior Court of Cook county. It was on a declaration, note, warrant of attorney, and a cognovit. The confession was in open court, and execution of the warrant of attorney was duly proved, and the court thus acquired complete jurisdiction over the parties and the subject matter. The warrant of attorney authorized the waiving of all error, which was done by the cognovit. All of the exceptions urged against the judgment are, if anything, mere errors, and they were waived of record in the court below, and the judgment of the Superior Court is affirmed.

Judgment affirmed.

Reference

Full Case Name
George A. Frear v. The Commercial National Bank
Cited By
13 cases
Status
Published
Syllabus
Confession of judgment—errors waived. Where a warrant of attorney to confess a judgment authorizes waiving all error, and judgment is confessed in open court and all errors waived, it will be affirmed.