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1 Greene 430

Ober v. Shepherd

Supreme Court of Iowa

Decided June 15, 1848

Supreme Court of Iowa · decided 1848-06-15

<p>In a proceeding on cognovit, or on a power of attorney, to confess judgment, in which the nature and amount of the plaiutiCfs claim are acknowledged, a declaration is not necessary.</p>

Decided 1848-06-15

¶1Opinion by

Greene, J.

¶2Judgment was rendered in the court below, against Obcr, by virtue of a power of attorney sotting forth the nature and amount of the demand, and waiving process, error, and the right to appeal.

¶3The defendant now seeks to reverse the judgment, on the ground that there was no action in form commenced against him, or declaration filed.

¶4When judgments are thus rendered by confession, or on cognovit, in which the amount and nature of the plaintiff’s claim are set forth, we can see no necessity for a formal action and declaration. Indeed, these are virtually waived by the power conferred upon the attorney to confess judgment, unless such preliminaries are required in the power of attorney, as conditions precedent to the confession.

¶5It has, we believe, been the prevailing practice of our district courts, since their first organization in Iowa, not to require declarations in cases of judgment authorized in writing, by confession, and this practice we see no sufficient reason now to disturb.

¶6Judgment affirmed.

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