Weigley v. Matson

Citations

• 125 Ill. 64
• 16 N.E. 881

Syllabus

<p>1. Record imports verity—parol evidence. The record of a court, showing a judgment by confession in open court, imports verity, and can not be contradicted by parol evidence. The record of such judgment is the only proper evidence of itself, and is conclusive evidence of the fact of its rendition, and of all the legal consequences resulting therefrom, both as against the parties, and all others whose interests may be affected thereby.</p> <p>2. Confession of judgment—including an attorney’s fee—consideration. A stipulation in a warrant of attorney for the confession of a judgment, .by which a debtor agrees to pay the fees of his creditor’s attorney in case the creditor is compelled to resort to legal proceedings to collect his debt, is an agreement which is not only eminently just, but which rests upon a good and valuable consideration.</p> <p>3. Execution—before judgment entered. Where judgment is taken in term time, it being a part of the proceedings of the court in term time, it is not material whether the record of the same is written up, or not, at the time •an execution is issued thereon.</p>