#### Illinois Talley Bank, Appellee, v. D. L. Harshman, Appellant.

(Not to he reported in full.)

Appeal from the Circuit Court of Pike county; the Hon. Habby Higbee, Judge, presiding. Heard in this court at the April term, 1915.

Reversed and remanded with directions.

Opinion filed October 13, 1915.

Rehearing denied December 11, 1915.

Statement of the Case.

Action by Illinois Valley Bank, plaintiff, against D. L. Harshman, defendant, on promissory judgment notes signed by plaintiff. From a judgment by confession in favor of plaintiff, defendant appeals.

The notes contained warrants of attorney authorizing any attorney at any time thereafter to confess judgment in favor of the holder of the notes for such amount as might appear to be unpaid thereon, together with costs and ten per cent, attorney’s fees.

An attorney signed a cognovit in which the defendant waived service, and said he could not deny “that he owes and is indebted to the said plaintiff in the sum of $2,682.47; and that plaintiff has sustained damages on occasion of the nonperformance of the several agreements in said declaration mentioned, including-the sum of $268.24 for reasonable attorney’s fees for entering up this judgment over and above its other costs and charges in this behalf expended to the amount of $5.”

The clerk entered up a judgment in favor of the plaintiff for $2,950.71, being the amount of the notes and including attorney’s fees.

Anderson & Matthews, for appellant.

Williams & Williams, for appellee.

*108Abstract of the Decision.

1. Judgment, § 48 * —when judgment for attorney’s fees not authorized under cognovit. Where a warrant of attorney authorized confession of judgment in favor of the holder of promissory notes for such amount as might appear to be unpaid thereon at the time, together with costs and ten per cent, attorney’s fees, a cognovit stating that the defendant owed a certain sum, the face value of the notes and interest, and that the plaintiff had sustained damages, including a certain sum as attorney’s fees, etc., to the amount of $5, held not to authorize the entry, by the clerk, of a judgment for the total of such sums, as the damages confessed were only the $5.

2. Cheeks of courts, § 4*—what is nature of powers of a clerk of court. A clerk of a court has no judicial powers but acts as a ministerial officer only.

3. Judgment, § 43*—when clerk of court improperly exercises judicial powers in entering judgment. A clerk in entering a judgment for an amount not authorized by a plea of confession is exercising judicial powers, and such judgment is void.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Thompson

delivered the opinion of the court.