Stein v. Good

Citations

• 115 Ill. 93
• 3 N.E. 735

Syllabus

<p>1. Judgment by confession—in vacation—proof of execution of power of attorney. A judgment by confession entered by the clerk of the court in vacation, without there being filed at the time any proof of the execution of the power of attorney, will be set aside on motion of the defendant, and the execution issued thereon quashed. Qucere, if such judgment is not yoid.</p> <p>2. Same—when allowed to stand until trial on merits. Where a judgment by confession, under a power of attorney, is sought to be vacated, or opened, on the ground of mere irregularities in the proceeding, as a general rule it should not be set aside absolutely for that reason, but should be allowed to stand as a security until the case can be heard on the merits,</p> <p>3. Same —papers constituting part of record. In the case of judgment by confession under a power of attorney in vacation, where wholly ex parte, the papers filed constitute a part of the record without being preserved in a bill of exceptions. In such case the record should show, unequivocally, that the power of attorney on file was executed by the defendant.</p>