warrant of attorney

warrant of attorney.

1. POWER OF ATTORNEY(1).

2. Archaic. Written authority given by a client to a lawyer to appear in court and to confess judgment in favor of a specified party. • It usu. instructed the attorney not to bring any action, seek a writ of error, or file a bill in equity that might delay the judgment. The warrant was typically given as security for an obligation on which judgment was authorized. Cf. CONFESSION OF JUDGMENT; COGNOVIT. [Cases: Judgment 43. C.J.S. Judgments §§ 157, 164–166.]

“A warrant of attorney was not required to be under seal, though it generally was so. In order to guard against any imposition in procuring debtors to execute warrants of attorney or cognovits in ignorance of the effect of such instruments, it is provided that a warrant of attorney to confess judgment in any personal action, or cognovit actionem, given by any person, shall not be of any force, unless there is present some attorney of one of the superior courts on behalf of such person, expressly named by him and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ….” Joshua Williams, Principles of the Law of Personal Property 125 (11th ed. 1881).


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