Melins v. Horne

— Penning J. By the Court. delivering the opinion. Were the appeals good ? If so, the judgments dismissing them, were erroneous. The appeals were good, if the confessions of judgment were good, and if appeal lies from a confession of judgment— this may be assumed. The confessions of judgment were good. What has the presence of a jury, to do with a confession of judgment? Nothing. Confession of judgment is a substitute for verdict And a Court is a Court, notwithstanding, it lack a jury Many judicial acts may be done without a jury. Receiving a confession of judgment is one of them. [538] Appeal lies from a confession of judgment; at least, it does, when the right of appeal, is reserved in the confession; and that right was reserved in this case. Nisbet vs. Lawson, 1 Kelly, 275; 5 Ga. 298. We think, then, that the judgments dismissing the appeals, were erroneous. Judgments reversed.