Adam v. Arnold

Citations

• 86 Ill. 185

Syllabus

<p>1. Action—form of, on sealed instrument. Since the passage of the Practice Act of 1872 the distinction as to the form of action on sealed and unsealed instruments is abolished.</p> <p>2. Judgment by Confession—variance. The fact that a sealed note payable at a particular place is described in the declaration as an unsealed note payable generally, furnishes no ground for declaring a judgment by confession under a power to be null and void.</p> <p>3. Same—before debtis due. Where a power of attorney to confess judgment on a note authorizes a confession of judgment at any time after the date ■of the note, a judgment confessed before the maturity of the note will be valid.</p> <p>4. Practice—who may question amount of judgment—and how corrected. A judgment by confession under a power, for a sum in excess of that due, ■can not be set aside at the instance of a stranger, although he be also a creditor of the debtor. The defendant in the judgment alone can complain, and he should have the error corrected on motion in the court helow.</p>