Hodge v. Gilman (20 Ill. 437, 1858)

Caton, C. J.

This bill was filed to enjoin the collection of, and to set aside and vacate a judgment entered in the Common Pleas, in favor of the respondents, against the complainant. The judgment was confessed by an attorney, and the ground alleged for the relief sought, is, that the power under which the attorney acted was altered in a material part after it was executed by the complainant, without his authority, and so it was not his deed. The note and the power of attorney, as they appeared at the time the judgment was confessed, were as follows,—those parts in Roman letters being in print, and those in italics being in writing:

$1047.87. Chicago, July 1th, 1857.

Sixty days after date, promise to pay to the order of M. D. Oilman & Co., ten hundred and forty-seven 87-100 dollars, for value received, with interest at the rate of ten per cent, per annum after due, payable at their office in Chicago.

B. O. HODGE.

Know all men by these presents, that whereas, the subscriber, B. O. Hodge, jusiily indebted to M. D. Gilman & Co., upon a certain promissory note for the sum of ten hundred and forty-seven 87-100 dollars, bearing interest at the rate of , after due and ' ten per cent, per annum due sixty days from date, and payable to the order of M. D. Gilman & Co. How, therefore, in consideration of the premises, I do hereby make, constitute, and appoint Gallup Hitchcock, or any attorney of any court of-recdrd, to be my true and lawful attorney irrevocably, for and in my name and stead to enter my appearance at any time, when the same can be legally done beftire any court of record or justice of the peace, in any of the States or territobefore or ries of the United States of America, at any time after the said note becomes due, to waive service of process, and confess a judgment in favor of the said M. D. Gilman & Co., or their assigns, upon the said note, for the above sum, or for as much as shall appear to be due, according to the tenor and effect of said note, and interest thereon, to the day of the entry of said judgment; and also twenty-five dollars for counsel fee, and release all errors that may intervene in entering up said judgment or in issuing execution thereon.

Hereby ratifying and confirming all which they, said attorneys, may do by virtue hereof.

Witness my hand and seal at Chicago, this 1th day of July, 1857.

In presence of B. O. HODGE. {L.