W.H. Barber Company v. Hughes Et Al‪.‬

The court below denied recovery sought by appellant against appellees Hughes on an Illinois judgment taken pursuant to a cognovit contained in a promissory note. Indiana statutory law, §§ 2-2904, 2-2905 and 2-2906, Burns 1933, forbids the execution of such a power and refuses to recognize it as a waiver of process in a suit upon the note. Illinois has no such statute and there judgments by confession on cognovit notes are valid. Appellant relies upon the full faith and credit clause of the United States Constitution and appellees upon the Indiana statutes. The questions arise upon assignments of error in Conclusions of law upon facts specially found. We have condensed and rearranged the findings, sometimes quoting, as follows: