Barnett v. Lynch

Headnote

Judgment.—A joint judgment entered upon a joint warrant of attorney will be set aside and vacated where it has been decreed by the Court of Chancery to be null and void as to one of the defendants, upon the ground that the note upon which it was confessed was a forgery as to said defendant.

Application to Set Aside and Vacate a Judgment.— The petition represented that George L. Barnett had, on February 24, 1890, procured judgment by confession against William H. Lynch and Alfred Lynch for $3,152.00; that on March 14,1892, the Court of Chancery, upon proper proceedings, had decreed the judgment to be null and void as to Alfred Lynch upon the ground that the note upon which it was recovered was a forgery as to Alfred Lynch, exonerating the said George L. Barnett from any charge of forgery; that the said judgment was a joint judgment. The facts contained in the petition was admited.