First Nat. Bank v. Keisman

This is an appeal from a judgment entered by the circuit court of DeKalb County against defendants, Jack Keisman and J. Fred Dickey, and in favor of First National Bank in DeKalb on two separate judgment notes totaling $12,600. The issue presented by defendants is whether the judgment entered upon a warrant of attorney is constitutionally valid. It is admitted that the judgment was entered in full compliance with the provisions of the Illinois Civil Practice Act (Ill. Rev. Stat. 1969, ch. 110, par. 50(4)). Nonetheless, it is contended that the procedure followed constituted a denial of due process of law in violation of an individuals constitutional rights under the fourteenth amendment to the United States constitution in that the defendants received no notice and were afforded no hearing prior to the entry of judgment, and that said statute makes no provision for notice or process.