29 Mo. 347 | Mo. | 1860
delivered the opinion of the court.
The question in this case involves the interpretation of section 24 of article 12 of our practice act, respecting the confession of judgments. Was the agent of the defendants in error authorized to make the affidavit required by the statute in such cases ? The statute authorizes a judgment by confession, for a debt owing upon a note, bond, or bill of exchange, under the power of attorney of the debtor acknowledged as required of deeds of land for their record and filed in the court rendering the judgment at the time of its rendition, together with the note, bond or bill of exchange and the affidavit of the plaintiff that the debt is bona fide, for a fair and valuable consideration after allowing all just credits and set-offs.
The proceeding by motion to set aside the judgment was a proper one, and there is nothing in the objection of counsel on this point.
The judgment is reversed;