Middleton v. White

Citations

• 35 Ill. 114

Syllabus

<p>1. Kane Circuit Court—practice therein — entering judgments by confession in vacation. The act of February 16, 1851, entitled “an act to regulate the practice in th'e thirteenth judicial circuit,” is construed as one to regulate the practice of the Circuit Courts of the several counties comprising that circuit.</p> <p>2. Kane county was within the thirteenth circuit at the time of the passage of that act, and, therefore, the provisions of the act applied to the Circuit Court of that county. 3. One of those provisions authorized the entry of judgments by confession, in vacation.</p> <p>4. The act of the 16th February, 1861, creating the twenty-eighth judicial circuit, and placing Kane county in the new circuit thus created, did not repeal the former act regulating the practice in the thirteenth circuit, as regards the application of its provisions to the Circuit Court of Kane county.</p> <p>- 6. Power op attorney to confess judgment—entry of judgment before ike clerk in vacation. It seems, that a warrant of attorney authorizing an attorney “ to appear in any court of record, in term time or vacation,” and confess a judgment, Will authorize the judgment to be entered in any such court before the clerk thereof, in vacation, if, by law, judgments may be so entered in vacation, in that particular court.</p>