Knox v. Winsted Savings Bank

Citations

• 57 Ill. 330

Syllabus

<p>1. Remedy—to vacate a judgment of a former terrm. A judgment of the circuit court can not be vacated for alleged error therein, upon motion entered in the same court at a subsequent term.</p> <p>2. Confession of judgment—upon a joint and several note. A joint and several promissory note was executed by seven persons, and made payable on the order of two of the makers, by whom it was indorsed to a third person. Under a warrant of attorney to confess a judgment upon such note, according to its tenor and effect, it was held, that the power was substantially pursued in the confession of a judgment against five of Ihemakers jointly, excluding the two on whose order the note was made payable.</p> <p>3. Same—vacating judgment—ground therefor. On a motion to vacate a judgment entered by confession, the question is not whether the judgment shall be vacated for error of law, but whether there exists any equitable reasons for opening the judgment.</p> <p>4. And the fact that the judgment was confessed against several of the makers of the note jointly, but not against all, did not afford any equitable reason for vacating the judgment.</p>