State Bank of East Moline v. Moline Pressed Steel Co., 208 Ill. App. 412 (1917)

Aug. 7, 1917 · Illinois Appellate Court · Gen. No. 6,453
208 Ill. App. 412
State Bank of East Moline, Appellee, v. Moline Pressed Steel Company, Appellant

State Bank of East Moline, Appellee, v. Moline Pressed Steel Company, Appellant.

Gen. No. 6,453.

(Not to he reported in full.)

Abstract of the Decision.

1. Corporations, § 371 * —when court has prima facie jurisdiction to enter judgment T>y confession against corporation. Where a note and warrant of attorney for confession of judgment thereon are signed by the corporation payee by its president, the court has prima facie jurisdiction of the defendant corporation to enter judgment on such note and warrant, notwithstanding it is not shown that the note and warrant are executed by the president or that he has authority to execute same.

2. Judgment, § 88*—when defendant to judgment 6y confession cannot complain that allowance of attorney’s fees is excessive. *413Where a defendant to a judgment by confession on warrant of an attorney entered special appearance for the purpose only of moving to quash an execution issued on the judgment on the ground of no jurisdiction of the court of the person of the defendant, held that he could not complain for the first time on appeal that the allowance in the judgment of attorney’s fees was excessive, or that the cognovit was broader than the warrant in certain respects.

*412Appeal from the Circuit Court of Rock Island county; the Hon. William T. Church, Judge, presiding. Heard in this court at the April term, 1917.

Affirmed.

Opinion filed August 7, 1917.

Statement of the Case.

Judgment by confession entered in favor of the State Bank of East Moline, plaintiff, against Moline Pressed Steel Company, defendant, for $5,353.33, including $300 attorney’s fees. Prom an order overruling defendant’s motion, on special appearance, to quásh an execution issued on the judgment for want of jurisdiction over the person of the defendant to enter judgment, defendant appeals.

J. T. & S. R. Kenworthy, for appellant.

H. A. Weld, for appellee.

Mr. Presiding Justice Carnes

delivered the .opinion of the court.