The American Cyclopædia (1879)/Cognovit

From Wikisource
Jump to: navigation, search

COGNOVIT, a plea in an action at law which admits the cause of action, and expresses or by implication consents that judgment may be entered up for the plaintiff. In a suit to recover damages, the plea may or may not admit the amount due. If it does, and the plaintiff accepts the admission, he may enter up judgment therefor. If it does not, there must be an assessment of damages by court or jury. A warrant of attorney for the execution of a cognovit is sometimes demanded and taken when a debt is created; and by means of it, if payment is not made, judgment may be entered up without delay.