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· 9/15/1875

Stewart v. Hibernian Banking Ass'n

Citations

  • 78 Ill. 596

Syllabus

<p>1.. Jurisdiction—acquired by entry of appemunce under power of attorney. In a suit against two, where there is service on one, only, and the appearance of the other is entered under a power of attorney authorizing the attorney to enter appearance, waive service and confess a judgment, the court has jurisdiction and can proceed to judgment.</p> <p>2. In such case, the fact that the attorney only enters the appearance and waives service, without confessing judgment, but allows a jury to hear evidence and return a verdict, is not such a departure from the authority conferred by the power, as will render all the acts done under it erroneous.</p>

Judges: Craig

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