anonymous mich Ann B R warrant to confess judgement give in custody far Mod  Mod Mod Cas Mod Cas ant comb salk if a man be arrest upon process ex common  banc or any inferior court and give all warrant to confess a judgement in this  court while in custody no attorney be there present we can examine and set  aside this judgement otherwise where it be to confess a judgement in another  court a a by the rule both of the king bench and common plea no bailiff or  sheriff officer shall exact or take from any person be in his custody by  arrest any warrant to acknowledge a judgement but in the presence of a  attorney for the defendant B R east Ch Geo c b Geo Cromp bring but a attorney  of a different court be sufficient Vilmont v Barry barn Bland v Patlenham Str  the rule must be adhere to though the warrant be give by a person in custody  in Ireland Fitzgerald v plunket Str if the defendant practice as a attorney  the presence of another attorney be not necessary barn a attorney clerk be not  sufficient barn but the rule only extend to warrant give in the particular  cause wherein the defendant be in custody and not to warrant to confess  judsments in other action Holcombe v wade burr r that it do not extend to a  warrant give to a different plaintiff Finn v Hutchinson ld raym nor to warrant  give by a defendant in custody under criminal process Charlton v Fletcher t r  be make to prevent the duress of imprisonment at the suit of the party himself  nor to person in custody on execution unless they be prevail upon to  acknowledge a judgement for more money than be real due Watkins v Hanbury Str  fall v Riley Cowp birch v Sharland t r the defendant be in the custody of the  marshal after interlocutory judgement give a warrant for with a defeasance on  payment of the debt admit to be due and for cost not have a attorney present  the court grant a rule to show cause why judgement sign thereon shall not be  set aside for irregularity and be about to make it absolute but the plaintiff  propose to have the judgement alter to and to allow the cost of the  application which the court order Parkinson v Cain t r the above case be hold  not to be strict within the rule but to depend upon its own circumstance it be  urge that the rule do not extend to a cognovit or a defendant in prison way  case of judgement and execution upon a warrant give by the defendant be in  custody at the suit of a to the plaintiff as a security for become bail and  for another demand Payable at a future day for which the plaintiff have be  bind with he be set aside as well upon this rule as for circumstance of  oppression ruffle v Hitchacock Bl Rep where a warrant be obtain from a  defendant in custody by process of the king bench to confess judgement in the  common plea the king bench can not set the judgement aside but grant a  attachment against the plaintiff and his attorney to lie in the sheriff hand a  week to be execute unless he consent in c B to satisfaction be enter or to the  judgement be set aside with cost Woodin v college B R h where the defendant  swear that he be the more induce to sign the warrant of attorney because he be  inform that if he do execute it under a arrest and without his attorney be  present it will be void the rule for set aside the judgement be discharge with  cost as the court will not permit a defendant to convert that which be mean  for his protection into a instrument of fraud and deceit Gilman v hill Cowp  Salkeld er p