Cognovit Actionem
Legal definition for Indian law research
Definition
Cognovit actionem (he has confessed the action), a defendant's written confession of an action brought against him, to which he has no available defence. it is usually upon condition that he shall be allowed a certain time for the payment of the debt or damages, and costs. It is supposed to be given in Court, and it impliedly authorizes the plaintiff's solicitor to do everything necessary in order to obtain judgment.
By the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 24, a warrant of attorney to confess judgment in any personal action, or cognovit actionem given by any person, is not of any force unless there is present some solicitor of the Supreme Court on behalf of such person, expressly named by him, and attending at his request to inform him of the nature and effect of such warrant or cognovit before the same is executed, which solicitor must subscribe his name as a witness; and the same Act also contains various provisions in regard to the filing of warrants of attorney, cognovits, and judge's orders, 2 Chit. Arch. Prac.
By the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 24, a warrant of attorney to confess judgment in any personal action, or cognovit actionem given by any person, is not of any force unless there is present some solicitor of the Supreme Court on behalf of such person, expressly named by him, and attending at his request to inform him of the nature and effect of such warrant or cognovit before the same is executed, which solicitor must subscribe his name as a witness; and the same Act also contains various provisions in regard to the filing of warrants of attorney, cognovits, and judge's orders, 2 Chit. Arch. Prac.
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