Seaver v. Siegel

Appellate Court of Illinois

Seaver v. Siegel

54 Ill. App. 632, 1894 Ill. App. LEXIS 186

CourtAppellate Court of Illinois

DecidedApril 30, 1894

StatusPublished

Cited by1 cases

This text of 54 Ill. App. 632 (Seaver v. Siegel) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seaver v. Siegel, 54 Ill. App. 632, 1894 Ill. App. LEXIS 186 (Ill. Ct. App. 1894).

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Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

Judgment by confession for the sum of $570, having been entered against appellant upon a lease, he appeared and asked that a judgment be set aside; thereupon the court allowed him to plead to the declaration filed in the cause; appellant then filed a demurrer, which demurrer being overruled, he filed á written motion to set aside the order overruling his demurrer; the court refused tp grant such motion, and ordered that the judgment heretofore entered should stand as final, unless the defendant should further plead. Appellant elected to stand by his demurrer, and prayed an appeal from the judgment by confession entered as aforesaid.

The cognovit filed in this case contains a waiver of al errors. ■

All the exceptions urged against the judgment were but errors and were waived. Hall v. Jones, 32 Ill. 38; Frear v. The Commercial Natl. Bank, 73 Ill. 473; Hall v. Hamilton, 74 Ill. 437.

Courts of law exercise an equitable jurisdiction over judgments by confession, and on application to set such a judgment aside some equitable ground should be shown. Stahl v. Shipp, 44 Ill. 133.

Hone is shown here and the judgment is affirmed.

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Mr. Justice Waterman

delivered the opinion of the Court.

Judgment by confession for the sum of $570, having been entered against appellant upon a lease, he appeared and asked that a judgment be set aside; thereupon the court allowed him to plead to the declaration filed in the cause; appellant then filed a demurrer, which demurrer being overruled, he filed á written motion to set aside the order overruling his demurrer; the court refused tp grant such motion, and ordered that the judgment heretofore entered should stand as final, unless the defendant should further plead. Appellant elected to stand by his demurrer, and prayed an appeal from the judgment by confession entered as aforesaid.

The cognovit filed in this case contains a waiver of al errors. ■

All the exceptions urged against the judgment were but errors and were waived. Hall v. Jones, 32 Ill. 38; Frear v. The Commercial Natl. Bank, 73 Ill. 473; Hall v. Hamilton, 74 Ill. 437.

Courts of law exercise an equitable jurisdiction over judgments by confession, and on application to set such a judgment aside some equitable ground should be shown. Stahl v. Shipp, 44 Ill. 133.

Hone is shown here and the judgment is affirmed.

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54 Ill. App. 632, 1894 Ill. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaver-v-siegel-illappct-1894.

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