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67 Ill. App. 103

Cahill v. McGrath

Appellate Court of Illinois

Decided November 30, 1896

Appellate Court of Illinois · decided 1896-11-30

<p>Transcript, from a justice of the peace.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding.</p>

Relies on Campbell v. Randolph · Elliott v. Daiber · Goddard v. Fischer

Reversed and remanded · Decided 1896-11-30

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2The entry in the docket of the justice has none of the elements of a confession of judgment. For a defendant to acknowledge before a justice of the peace, or other court, that he is indebted to the plaintiff in a certain sum, is not to confess or consent to judgment.

¶3A judgment is always the result of a decision by a court, and is entered against a party nolens volens, or because he consents to—confesses—judgment.

¶4There is a manifest and wide distinction between confessing an indebtedness and confessing judgment. Goddard v. Fischer, 23 Ill. App. 365; Campbell v. Randolph, 13 Ill. 313; Elliott v. Daiber, 42 Ill. 467.

¶5The judgment of the Circuit Court is reversed and the cause remanded.

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