Saunders v. Lipscomb

Citations

• 90 Va. 647
• 19 S.E. 450
• 1894 Va. LEXIS 37

Syllabus

<p>1. Judgments Confessed — Statute—Common law. — Though Code, § 3233, provides that in any suit defendant may confess judgment in the clerk’s office, held, a judgment there confessed is not invalid because there was no suit pending and no previous process issued, as judgments by confession existed at common law whereof the statute is mainly declaratory, and only substantial compliance is required to validate-such a judgment. Brockenbrough v. Brockenbrough, 31 Gratt., 509.</p> <p>2. Idem — Minute book. — Code, § 3283, requiring clerk to enter in his order or minute book a judgment confessed in his office, held directory only, and his failure to do so does not invalidate the judgment. Shadrach v. Woolf oik, 32 Gratt., 707.</p>