{
  "id": 2962286,
  "name": "Illinois Talley Bank, Appellee, v. D. L. Harshman, Appellant",
  "name_abbreviation": "Illinois Talley Bank v. Harshman",
  "decision_date": "1915-10-13",
  "docket_number": "",
  "first_page": "107",
  "last_page": "108",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 107"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 194,
    "char_count": 2733,
    "ocr_confidence": 0.569,
    "sha256": "4262f29e80956588dc151f126498f5b2d179f31c52862df2debfe404d56c5796",
    "simhash": "1:d1178ca5c00a4ebe",
    "word_count": 458
  },
  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Illinois Talley Bank, Appellee, v. D. L. Harshman, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "Anderson & Matthews, for appellant.",
      "Williams & Williams, for appellee."
    ],
    "corrections": "",
    "head_matter": "Illinois Talley Bank, Appellee, v. D. L. Harshman, Appellant.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Pike county; the Hon. Habby Higbee, Judge, presiding. Heard in this court at the April term, 1915.\nReversed and remanded with directions.\nOpinion filed October 13, 1915.\nRehearing denied December 11, 1915.\nStatement of the Case.\nAction 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.\nThe 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\u2019s fees.\nAn attorney signed a cognovit in which the defendant waived service, and said he could not deny \u201cthat 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\u2019s fees for entering up this judgment over and above its other costs and charges in this behalf expended to the amount of $5.\u201d\nThe clerk entered up a judgment in favor of the plaintiff for $2,950.71, being the amount of the notes and including attorney\u2019s fees.\nAnderson & Matthews, for appellant.\nWilliams & Williams, for appellee.\nAbstract of the Decision.\n1. Judgment, \u00a7 48 \u2014when judgment for attorney\u2019s 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\u2019s 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\u2019s 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.\n2. Cheeks of courts, \u00a7 4*\u2014what 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.\n3. Judgment, \u00a7 43*\u2014when 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.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0107-01",
  "first_page_order": 149,
  "last_page_order": 150
}