10 Mich. 272 | Mich. | 1862
The statute (Comp. L. §4441) permits judgment by confession when the authority to confess such judgment
In the case before us, the warrant of attorney was dated some six days after the day of payment fixed in the note, and some three days after it actually became due; namely, on July 16th, 1861. It authorizes judgment to be confessed at any time after the third day of September thereafter, and, although it does not describe the note upon which the confession might be made, it refers to it as thereto attached. ;If the note had been particularly set out or
For ought that appears tbe note and warrant were executed upon tbe days of their respective dates, and such we must presume to be tbe fact. If so, except upon-the most technical grounds, tbe warrant would be good, while if it were otherwise, and they were executed simultaneously, they are still separate instruments, within tbe letter and spirit of tbe statute.
Tbe judgment is affirmed, with costs.