Mars National Bank v. Hughes

Citations

• 243 Pa. 223
• 89 A. 1130
• 1914 Pa. LEXIS 602

Syllabus

<p>Judgments — Warrants of attorney to confess judgments — Correction of errors and mistakes — Amendments—Practice, C. P.</p> <p>1. After a judgment has been confessed by virtue of a power of attorney the warrant becomes functus officio. Neither the court, the prothonotary, nor the attorney who confessed the judgment has power to do any act which would have the effect of giving vitality to the exhausted power.</p> <p>2. For errors in the entry of such a judgment or for the correction of clerical mistakes, application should be made to the court to correct the original judgment so as to make it conform to the facts, not to enter a new judgment.</p> <p>3. Where a judgment was confessed by virtue of a warrant of attorney hut, through a clerical error, for a smaller sum than the note and warrant of attorney authorized, and the court allowed the plaintiff to amend his declaration, and confession of judgment, and entered an amended judgment for the proper sum, the first Judgment was merged in the second which was irregular and voidable, but as it appeared that the amended declaration was sufficient to sustain an action on the note, an order was entered directing the court below to open the judgment so as to let the defendant into a defense.</p>