The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1888-03-08
AN UNJUST MEASURE,
Which the Senate Will Very Prop
erly Kill.
The "Oognovit" Bill Passes the House,
A DiseOuraging Measure for Cap
italists--Its Unoonstitution-
ality Shown Up,


on said cognoVit in the county wherein
the defendants reside. This would
compel the manufactures to send their
lawyers into the various counties in
State to collect the judgment.
The tendency of this bill will be to
reduce the sale of all articles manufac-
tured in Ohio. Our readers are, no
doubt, aware of the terms and condi-
tions upon which manufacturers of
machinery and agricultural implements
in this State sell the same. The one
condition that is the most protection to
them OF all others is, that when their
machines and implements have been
used by the purchaser and the time has
arrived for the payment therefor, they
shall not be compelled to go to the
homes of the purchasers ard litigate
with them, in their own neighborhoods,
and expend all of the purchase price,
to no purpose.
The following words are embraced
in most manufacturers prOmissory
notes, namely: "And we hereby author
lze any attorney at law to appear in
any Court Of Record in the United
States, after this obligation becomes
due, and waive the issue and service of
process, and confess a Judgment against
us or any or either Of us, in favor of the
holder thereon for the amount then
appearing due, together with costs OF
SUIT, and theron to release all errors and
waive all rights Of appeal and exemp'
ton" This contract secures to the
manufacturer valuable rights, and in
the language Of the Supreme Court in
5th, Ohio state 497, "subsisting rights
acquired under legal contract" and
any bill depriving manufacturers OF
such rights is unconstitutional.
Article /, Sec. 10. of the Constitu.
ton OF the United States reads as fol
lows: 1.-THE general assembly shall
have no power to pass retroactive laws
or laws impairing the obligation OF
contracts; but may, by general laws
authorize courts to carry into effect
upon such terms as shall be inst and
equitable, the manifest intentions O1
parties and officers by curing omissions
defects and errors in instruments anC
proceedings arising out of their want
of conformity with the laws of this
State"
There is no necessity of this sweep
ing bill interrupting if not destroying
the business of so many manufactur
ers. The Supreme Court OF Ohio, IL
the 18th Ohio State, case of Cushman W
Welsh, page 636, holds that "a warrant
of attorney to confess Judgment mus
be strictly construed, and the authorit!
thereby conferred can not be conferred
beyond the limits expressed in the i'll
strument." Now, if the purchasers o.
machinery or implements desire to bt
used in their own county, let them, in
stead of signing notes giving the holder
the right to go into any court OF rec
ord and take judgment against them
confne them to any court in thei
county. BY section 1924 of the Revised
Statutes of Ohio, the attorney confess
ing Judgment must at the time produce
the warrant of attorney to the cour
before which he makes the confession
and the original or a copy must be liIet
with the clerk. There is, then, no op
portunity, if the maker of the note Sc
lects his court or county in which judg
ment is to be taken, of Judgment being
taken elsewhere. There is still fur
ther protection by rule Of court as il
Hamilton county, Rule II, Common
Pleas Court, to-wit: Judgment by con
fession, upon a warrant of attorney ex
ecuted in another county, will not b,
entered in the absence of the defendan
without proof of a reasonable notice
served on the defendant, and filed Will
the clerk, of the time and place of max
ing the application, or on showing o
reasonable excuse for the want of sucl
notice"
There certainly is no need of injuring
well nigh to destruction, the well estab
lished business of corporations anC
firms in order to protect few green
horns who have allowed themselves t,
be gulled and defrauded by sharks anC
imposters. There is protection i'll tn,
Courts now as the law stands, and full
protection for signers of COgnOvits o
warrants of attorney to confess judg
ments. The Courts of this State on tht
slightest showing Of merritoriou
defense, open up judgment and ALLOW
the defendant to make full defense
"a motion to vacate judgment on war
rant of attorney, made in good faith
will be granted, and the case set TO
trial l.W. L. NJ. 2S2.
Which is the greater hardship, to re
quire the purchaser, who has made /
solemn contract and conveyed ava!
his right to select the place Of trial anC
has legally waived errors and eXcep
tiOns to go to the place of business o
the vendor and holder of the note anC
interpose his defense, or, to deprive tn,
vendor of all rights under the contract
the consideration of which has beer
enjoyed by the purchaser, take hin
away from his place to squander, no
only the profits but the capital of hi
business in fighting unjust publ,
prejudice at the various homes Of tn,
purchasers
This bill has passed the House, bu
is very likely to be killed in the Senate
as it should be.
/ Death of a Stark County Man.
Yesterdays Akron Beacon contained