
    First National Bank of Sidney v. H. M. Reed et al.
    When a judgment is sought to be taken by confession, under a warrant of attorney, a petition duly verified should be filed. But when a judgment is rendered on a warrant which authorizes the waiving of process and the release of all errors, any defect in the verification of the petition, on a proceeding in error, will be deemed to have been waived.
    Motion for leave to file a petition in error to the District •Court of Shelby county.
    The plaintiff filed a petition in the court of common pleas against the defendants, on a note with a warrant of attorney attached, authorizing any attorney at law, after maturity of the note, to appear for the defendants, waive the issuing and service of summons, and confess a judgment for amount of the note, and to release all errors, etc.
    ■ The petition was regular in form, but the jurat to the verification was not signed by an officer authorized to administer the oath.
    Thereupon one K. Alberry, an attorney at law, produced: to the court, and filed with the clerk, the original warrant of attorney, waived the issuing and service process, and -confessed judgment in favor of the plaintiff' and against the defendants for the amount of the note ; and judgment was-entered accordingly.
    On petition in error, the district court reversed the judgment of the common pleas, and this proceeding is prosecuted to reverse the judgment of the district court.
    
      Petit $ Davies, and J. S. Conklin, for the motion.
    
      Murray Sf Wilson contra.
   By the Court.

In a case where a judgment is rendered on confession, under a warrant of attorney, without process or appearance of the debtor, a petition duly verified, as required by the code, should be filed. Section 378 of the code applies only where the debtor personally makes the confession, and section 380 does not dispense with a petition or its verification. But where the warrant of attorney, under which a confession of judgment is made, authorizes the waiving of process and the release -of all errors, and the judgment is rendered upon a good cause of action,, stated in a petition not properly verified, the defect in the verification, on a proceeding in error, must be deemed to have been waived.

If, on a warrant of attorney, judgment be rendered for more than is due, the proper remedy is found in section 534-of the code.

. Motion granted, judgment of the district court reversed,, and that of the common pleas affirmed.  