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Attorney(S)

Jordan, Appellant, v. Kirschner.

Judgments — Striking off — Warrant of attorney — Lease — Authority to confess judgment — Necessity of allegation of default.

Judgment entered pursuant to a warrant of attorney contained in a lease authorizing the confession of judgment in case of default was properly stricken off where no averment of default was filed.

In entering judgment on a warrant of attorney the authority thereunder must be strictly followed or the judgment cannot be sustained, and when the warrant authorizes an attorney of record to enter judgment after default and no averment of default is filed, the record is defective.

Argued April 10, 1928.

PER CURIAM, July 12, 1928:

The order is affirmed on the opinion of President Judge ROSSITER, of the court below.

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JORDAN v. KIRSCHNER
(Jul 12, 1928)