Bennett v. Davis — 6 Cow. 393

Majority

p. 393

Bennett against W. M. Davis and N. Davis.

ALBANY,

Oct. 1826.

Headnote

Judgment for the plaintiff was rendered against both the defendants, on bond and warrant of attorney. At a previous term, the judgment had been set aside as to N. Danis, for irregularity in its entry, on grounds mentioned in the report of the same case, in 3 Coiven, 68.

And now it was moved that the judgment be also set aside as to W. M. Davis, on the ground that he was an infant when the bond and warrant of attornev were executed.

A warrant: of attorney by an infant, to confess judgment is void ; and a judgment entered in virtue of it will be set aside on motion.

W. H. Maynard, for the motion,

cited 1 if. Bl. Rep. 75; Dunl. Pr. 359; W. Bl. Rep. 1133; Bing. onJudg. 42; 1 Dali. 122.

p. 394

G. C. Bronson, contra.

The warrant of attorney was void as to the in- , . , iant; and the judgment must, therefore, be set aside.

Motion granted.