This section contains the nature of the case and procedural background.

Overmyer (D) contracted with Frick (P) for an automatic refrigeration system. D fell behind in the payments, negotiated further terms, then fell behind again, and negotiated further terms with cognovit provisions in the last note. D stopped making payments on the note and P entered court without notice to D and caused judgment on the note to be issued by virtue of the warrant of attorney in the note. The attorney waived service of process and confessed judgment. D was notified and moved to vacate the judgment. The judgment was affirmed, and the Supreme Court granted certiorari.

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