Tucker v. Gill

Citations

• 61 Ill. 236

Syllabus

<p>1. Judgment—confession. Where a judgment is confessed in vacation before a clerk in a circuit where that officer is authorized to receive a confession, to be valid under the statute there must be a declaration, a power of attorney authorizing, the confession, and proof of its execution and a plea of confession filed in the office of the clerk.</p> <p>2. Same—when void. Where there was a power of attorney to confess a judgment on a note for $26,000, the note was described in the declaration which claimed $50,000 damages, and the plea of confession admitted an indebtedness and confessed judgment for the latter sum, and the clerk rendered judgment for $26,000 : Held, that the attorney confessing the judgment exceeded his power; that the clerk did not have power to deviate from the plea of confession in rendering the judgment. His doing so was unwarranted and the judgment was void, and may be attacked collaterally.</p> <p>3. The clerk has no judicial power but acts ministerially, and hence can not do otherwise than follow the papers filed in entering a judgment by confession. He has no power to disregard the plea of confession and proceed to determine for what sum judgment should be entered. He must enter judgment for the amount confessed, or not at all.</p>