Legal Maxim

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Literal Meaning

He has confessed the action




The maxim confers to a defendant’s written confession for an action brought against him, to which he has no available defense. The confession is usually based upon designated conditions, given in court, and impliedly empowers the plaintiff’s attorney to sign judgment and issue execution for its enforcement. It is the confession of judgment after service of the process; instead of entering a plea, acknowledging and confessing that the plaintiff’s cause of action is just and right.

Case Laws

In Annadana Jadaya Goundar vs Konammal And Anr., the Madras High Court held that in the Court of King’s Bench it was ruled, that by giving a cognovit payable by installments, the bail was discharged by an analogy to the cases where a creditor, by giving time to the principal, discharges the surety.

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