WARRANT OF ATTORNEY - An instrument
in writing, addressed to one or more attorneys therein
named, authorizing them generally to appear in any
court, or in some specified court, on behalf of the
person giving it, and to confess judgment in favor
of some particular person therein named, in an action
of debt, and usually containing a stipulation not
to bring any writ of error, or file a bill in equity,
so as to delay him.
This general authority is usually qualified by reciting
a bond which commonly accompanies it, together with
the condition annexed to it, or by a written defeasance
stating the terms upon which it was given, and restraining
the creditor from making immediate use of it. In form
it is generally by deed; but it seems, it need not
necessarily be so.
This instrument is given to the creditor as a security.
Possessing it, he may sign judgment and issue an execution,
without its being necessary to wait the termination.
of an action.
A warrant of attorney given to confess a judgment
is not revocable, and, notwithstanding a revocation,
judgment may be entered upon it. The death of the
debtor is, however, generally speaking, a revocation.
The virtue of a warrant of attorney is spent by the
entry of one judgment, and a second judgment entered
on the same warrant is irregular.
A warrant of attorney differs from a cognovit, actionem.
