United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 37

United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...was an attorney of the court or not (1 Wharton's Law of Evidence 3d ed., 324). Now the cognomlt thus recited was the one signed and filed by Ilagemann as an attorney at law. There was no other; and that was the basis of the judgment. It was an erroneous recital, but the truth was in the record and furnished the means of correction. So in regard to the notes. The declara tion counted upon all the twelve notes separately and claimed damages for the nonpayment of each and all, and the notes. were filed in court; the cognovit confessed damages for the nonpayment of all in the sum of $25,000, and did not confess damages for the nonpayment of any one note. The judgment recites that by the cogmoit it was confessed that the Opinion of the Court. plaintiff had sustained damages to the amount of $25,000. It was manifest that the reference in the judgment to the " note filed in said cause " was a mere clerical misprision. We are far from thinking that the judgment needed any such correction of its recitals to render it effectual, for it was probably a case within the statute of jeofails. Conrad v. Gqlfey, 11 How. 480; Hall v. Jones, 32 Illinois, 38, 43. In this latter case it was also said that the cogmrvit releases all clerical errors in entering the judgment, and justifies a disregard of inconsistencies which are set right by an inspection of the whole record. But if such correction was required, we are of opinion that it was within the power of the court to make it. The questions which remain are those which concern the exercise of the power given by the warrant of attorney, and the jurisdiction of the Superior Court over the defendant and its power to render the judgment. The principal objection to the validity of the...show more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236867556
  • 9781236867551