Todd v Dodd

JurisdictionEngland & Wales
Judgment Date01 January 1790
Date01 January 1790
CourtCourt of the King's Bench

English Reports Citation: 96 E.R. 784

COURT OF KING'S BENCH

Todd
and
ers. Dodd

784 MICHAELMAS TERM, 25 GEO. II. 1751 8AYBB. 6. todd vers. dodd. If one of two persons, who have entered into a warrant of attorney to confess a judgment, die, judgment may be entered against the survivor. Upon a rule to shew cause, why leave should not be given to enter judgment upon an old warrant of attorney to confess a judgment, it appeared; that the warrant of attorney was entered into by two persons; and that one of them was dead. The question was, whether judgment ought to be entered against the survivor. After taking time to consider, it was holden that it ought, and the rule was made absolute. And by Lee C.J.-In the case of Still v. Still, 1 Barn. 35 Mich. 11 G. 2, the Court of Common [6] Pleas gave leave to enter judgment in a case like the present: but as that Court did in the case of Laycock v. Garforth, 2 Barn. 38, East. 21 G. 2, which was also like the present case, refuse to give such leave, the case of Still v. Still is not now to be considered as an authority. We do bowever think it reasonable, that leave should be given...

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