Stuhl v. Shipp

Citations

• 44 Ill. 133

Syllabus

<p>1. Judgment by confession—in vacation,—where to object for want of proof. Where a judgment is entered by confession in vacation, under a power of attorney, more than a year and a day after the power of attorney was executed, it is necessary for the defendant to apply to the court in which the judgment was entered, to set the same aside, and to show some equitable reason therefor, before it will be reversed on the ground that no affidavit was filed showing the defendant was still alive, and that the debt was due and unpaid.</p> <p>2. Same—where the judgment is entered, for too much. And when the judgment is within the ad damnum, laid in the declaration, it will not be reversed because it may appear to be for an amount greater than the sum due upon the note which was the basis of the confession, no application having been made in the court below to correct the error.</p>