Power Given Before Action

  1. Law
  2. Tennessee Code
  3. Judgments
  4. Confession of Judgment
  5. Power Given Before Action

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  1. Any power of attorney or authority to confess judgment which is given before an action is instituted and before the service of process in such action, is declared void; and any judgment based on such power of attorney or authority is likewise declared void.
  2. This section shall not affect any power of attorney or authority given after an action is instituted and after the service of process in such action.

Code 1932, § 8848; T.C.A. (orig. ed.), § 25-201.

Cross-References. Durable power of attorney, title 34, ch. 6, part 1.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Agency, § 22; 16 Tenn. Juris., Judgments and Decrees, § 78.

Law Reviews.

Due Process — Confession of Judgment Procedures Are Not Unconstitutional Per Se, 25 Vand. L. Rev. 613.


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