First Nat. Bank in DeKalb v. Keisman
| Decision Date | 04 December 1970 |
| Docket Number | No. 42804,42804 |
| Citation | 47 Ill.2d 364,265 N.E.2d 662 |
| Parties | FIRST NATIONAL BANK IN DeKALB, Illinois, Appellee, v. Jack KEISMAN et al., Appellants. |
| Court | Illinois Supreme Court |
Edward F. Diedrich, DeKalb (Richard D. Larson, DeKalb, of counsel), for appellants.
Francis E. Cash, DeKalb, for appellee.
This is an appeal from a judgment entered by the circuit court of DeKalb County against defendants, Jack Keisman and J. Fred Dickey, and in favor of First National Bank in DeKalb on two separate judgment notes totalling $12,600. The issue presented by defendants is whether the judgment entered upon a warrant of attorney is constitutionally valid. It is admitted that the judgment was entered in full compliance with the provisions of the Illinois Civil Practice Act (Ill.Rev.Stat.1969, ch. 110, par. 50(4)). Nonetheless, it is contended that the procedure followed constituted a denial of due process of law in violation of an individual's constitutional rights under the fourteenth amendment to the United States constitution in that the defendants received no notice and were afforded no hearing prior to the entry of judgment, and that said statute makes no provision for notice or process.
Defendants Keisman and Dickey, together with an attorney, George Spitz, now deceased and not a party hereto, signed the notes in question for the purpose of obtaining a loan to finance the purchase of printing equipment for a publishing company in which they were interested. Following the entry of judgment and the issuance of execution defendant's motion to vacate was denied. Later another motion entitled, 'To Arrest the Judgment' was filed and denied. This motion merely alleged that the judgment by confession constituted a deprivation of due process of law and deprived defendants of their constitutional right to trial.
The only facts before us relating to this motion are contained in a partial report of proceedings setting forth a discussion between the attorneys and the court. Defense counsel stated that the time had come for confession judgments to be abolished or declared unconstitutional and that since other proponents of this point of view had so far been unsuccessful with the Illinois legislature perhaps the courts would have to 'bring the matter to task.' The court reminded him that if he felt that defendants had been overreached there was a proper time and procedure provided by the statute for redress, but that if counsel wanted to try to make...
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