Condon v. Besse

Citations

• 86 Ill. 159

Syllabus

<p>1. Judgment bt confession —power and duty of court to open. Where judgment is entered by confession in vacation upon a promissory note, under a power attached, and the defendant, at the next term of court, enters a motion to set aside the judgment and be allowed to defend, on the ground that the execution of the note and power was procured by fraud, and the affidavits in support and against the motion are irreconcilably conflicting, so as to leave the matter in doubt, the court should enter a conditional order allowing pleas to be filed and issues to be formed, so that the witnesses could be examined, leaving the judgment to stand to await the finding on the issues formed.</p> <p>2. Same — equitable powers of courts of law. Courts of law may exercise equitable jurisdiction over judgments entered by confession under warrant of attorney, and, when it clearly appears that the plaintiff was not entitled to the judgment, may set the same aside; but, when it is involved in doubt an issue should be formed to try the defense, leaving the judgment to stand as a security.</p>