Rowen v. King & Schrack
Rowen v. King & Schrack
Opinion of the Court
The opinion of the Court was delivered by
The defendant below was sued before a justice and employed an agent, who, instead of making her defence, confessed judgment against her for $93.95. From this judgment she after-wards appealed, but the Court, being of opinion that an appeal would not lie, quashed it.
Every person, against whom a justice of the peace renders a judgment, is entitled, of common right, to an appeal and a trial by jury. It has never, yet been decided that it makes any difference whether the judgment was obtained by confession or otherwise. A judgment may be confessed by mistake, or in consequence of imposition, or it may be done fraudulently by a corrupt agent. In such case, what is the remedy, and how shall justice be reached ?
Appeal reinstated and record remitted with a procedendo.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.