Homewood v. Stein

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 711* — what not considered on appeal. Alleged facts which do not appear in the record will not he considered on appeal.</p> <p>2. Appeal and error, § 1574* — when power of attorney to confess judgment containing waiver of right of appeal may not be complained of. That a power of attorney to confess judgment for unpaid rent contains a provision waiving the right to appeal, cannot be complained of by defendant on an appeal from a judgment confessed thereunder, where plaintiff has not attempted to interfere with defendant’s enjoyment of the right of appeal.</p> <p>3. Landlord and tenant, § 327* — when attorney’s fees are not unreasonable in amount. Where a power of attorney to confess judgment for rent specifies the amount to he allowed as attorney’s fees, it is not error to allow such amount unless it is clearly unreasonable, and such unreasonableness is not apparent from the fact that the fee is almost as large as the instalment of rent for which judgment is confessed.</p> <p>4. Landlord and tenant, § 330* — when judgment for rent under power of attorney to confess judgment not disturbed. Where a power of attorney to confess judgment for rent is exercised within its limitations and judgment is entered for a certain and liquidated sum, namely, one month’s rent at the monthly rental specified in the lease, the judgment will not be interfered with.</p>