WARRANT OF ATTORNEY. An instru ment 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.
An instrument authorizing an attorney at law to appear in behalf of its maker, or con fess judgment against him. Treat v. Tolman, 113 Fed. 892, 51 C. C. This general authority is usually qualified by reciting a bond which commonly acccom panies it, together with the condition an nexed to it, or by a written defeasance stat ing the terms upon which it was given and restraining the creditor from making imme diate use of it. In form, it is, generally, by deed; but it seems it need not necessarily be so ; 5 Taunt. 264. This instrument is given to the creditor as a security. Possessing it, he may sign judgment, without its being nec essary to wait the termination of an action. See 14 East 576 ; 2 Term 100.
A warrant of attorney given to confess a judgment is not revocable, and notwith standing a revocation, judgment may be en tered upon it; 2 Ld. Raym. 766, 850. The death of the debtor is, however, generally speaking, a revocation ; Co. Litt. 52 b. In Pennsylvania, judgment may be entered by the prothonotary on such a warrant without the intervention of an attorney ; 4 Sm. L. 278 ; the instrument must show on its face the amount , due, unless it can be rendered certain by mere calculation ; Connay v. Hal stead, 73 Pa. p54. The general power ceases with the entry of judgment ; Jackson v. Bart
lett, 8 Johns. (N. Y.) 361; Hinkley. v. Water Power Co., 9 Minn. 55 (Gil. 44); contra, Gray v. Wass, 1 Greenl. (Me.) 257 ; Flanders v. Sherman, 18 Wis. 575. The virtue of a war rant of attorney is spent by the entry of one judgment, and a second judgment entered on the same warrant is irregular ; Martin v. Rex, 6 S. & R. (Pa.) 296 ; Fairchild v Camac, 3 Wash. C. C. 558, Fed, Cas. No. 4,610. The judgment is as much the act of the court as if it were pronounced on nil dicit or a cogno vit and has the conclusive effect of a judg t on a verdict ; Safe-Deposit & T. Co. v. lt,Wr ght, 105 Fed 158, 44 C. C. A. 421; Ap peal of Lennig, 93 Pa. 307.
A party to a suit may in certain cases re quire the attorney who appears for the ponent to file of record a warrant of attorney.
See POWER OF ATTORNEY.
Under the Pennsylvania practice, a motion for a rule on the plaintiff's attorney to file his warrant or attorney must be made by the defendant before he pleads; Mercier v. Mer cier, 2 Dail. (Pa.) 142, 1 L. Ed. 324; Camp bell v. Galbreath, 5 Watts (Pa.) 423; see Doe v. Abbott, 152 Ala. 246, 44 South. 637, 126 Am. St. Rep. 30. If the plaintiff raises the question, the burden of proof is on him ; Aaron v. U. S., 155 Fed. 836, 84 C. C. A. 67. The entry of appearance for defendant is proof of authority and no additional evidence has ever been required ; Osborn v. Bank, 9 Wheat. (U. S.) 830, 831, 6 L. Ed. 204. The plaintiff cannot question the authority of the defendant's solicitor. The plaintiff has brought the defendant into court ; 1 Exch. 16.