86 Iowa 392 | Iowa | 1892
On the tenth day of July, 1880, the appellant executed a statement for a judgment by confession, of which the parts material to a determination of this appeal are as follows:
“In the circuit court of Mahaska county. Eisser & Eeitz v. Martin & Phillips. Confession of judgment. I, J. N. Martin, being duly sworn, depose and say that I am a member of the copartnership of Martin & Phillips, and that said firm are justly indebted to the plaintiffs, Eisser & Eeitz, in the sum of three hundred and forty-three and twenty-one hundredths dollars, which •indebtedness arose from the following account of goods ■ and wares purchased of the plaintiffs by the said firm: • * * I, as a member of said firm, authorize the • clerk of the circuit court of Mahaska county, Iowa, to render a judgment against me as a member of said firm, and against the said firm of Martin and Phillips, for the said sum of three hundred and forty-three and twenty-one hundredths dollars and the costs thereof, the same to draw six per cent, interest, and that execution may issue for the enforcement of said judgment.
“Witness my hand this tenth day of July, 1880.
“John N. Martin.”
This statement was duly verified, was filed in the •office of the clerk of-the circuit' court of Mahaska county, and an entry of judgment by confession was made by the clerk. This was done on the day the ¡statement was executed, and the entry of judgment was ¡subsequently approved by the court. The judgment was entered against “the said defendants/7 and, as
It may be conceded that the affidavit, filed in support, of the motion under consideration, fails to show diligence on the part of the plaintiffs to discover the true-condition of the record; but we are of the opinion that they were not required, to show diligence. Nothing-shown in the record imposed that burden upon them..
What we have said disposes of all grounds of resistance to the motion which have been urged in this court. We conclude that the action of the district court of which complaint is made was right. It is, therefore, affirmed .