Ling v. King & Co.

Citations

• 91 Ill. 571

Syllabus

<p>1. Confession of judgment in vacation—must be an entry of judgment. The clerk of the circuit court is authorized to enter judgment by confession in vacation for a bona fide debt. The filing of the necessary papers authorizing such entry is not of itself sufficient, but the judgment must, in fact, be entered by the clerk before an execution can be legally issued, and an execution issued without such entry is void, and may be attacked collaterally.</p> <p>2. Where the clerk states, in a judgment by confession in vacation, that it is considered that the plaintiff have and recover, etc., it is not his consideration, but it is the conclusion of the law. In term time it is announced through the judge, and in vacation through the defendant or his attorney in fact, and it is no more the finding of the clerk in the one case than the other. In both he but records the conclusion of the law.</p> <p>3. Costs—discretionary, in chancery. The statute provides for the recovery of costs by the defendant where the complainant dismisses his bill, and that in all other cases not otherwise directed by law, it shall be in the discretion of the court to award costs or not. This statute invests the circuit court with a discretion that this court has no power to review.</p>