Grelle, Jr. v. Humbel

Ohio Court of Appeals

Grelle, Jr. v. Humbel

81 N.E.2d 718, 84 Ohio App. 277, 53 Ohio Law. Abs. 159, 39 Ohio Op. 411, 1948 Ohio App. LEXIS 688

CourtOhio Court of Appeals

DecidedSeptember 21, 1948

Docket4152

StatusPublished

Cited by3 cases

This text of 81 N.E.2d 718 (Grelle, Jr. v. Humbel) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grelle, Jr. v. Humbel, 81 N.E.2d 718, 84 Ohio App. 277, 53 Ohio Law. Abs. 159, 39 Ohio Op. 411, 1948 Ohio App. LEXIS 688 (Ohio Ct. App. 1948).

Pincite

Opinion

OPINION

By WISEMAN, PJ.

This is an appeal on law from the judgment of the Municipal Court of Columbus, Ohio, in which a default judgment rendered in favor of the plaintiff was vacated after term.

*160 Plaintiff sued defendants for garage rent and obtained a default judgment on December 8, 1947, in the amount of $89.00. On January 9, 1948, an execution was issued which was returned unsatisfied. On January 16, 1948, the defendants filed a motion to vacate the judgment which was subscribed only by counsel for the defendants. On January 21, 1948, the Court granted leave to defendants to amend at bar to change the style of the pleading from “motion” to “petition”. On the same date the Court, without further proceedings, sustained the petition to vacate the judgment and granted defendants leave to file a tendered answer. On January 26, 1948, plaintiff filed his application for a rehearing on the petition to vacate the judgment which was overruled on February 9, 1948. After the motion was amended at bar and designated a “petition”, it was not verified by affidavit and no summons was issued as required by §11635 GC. No proof of any of the grounds to vacate was submitted and the Court made no finding as to the validity of the defense.

The jurisdiction of the trial court to change its judgment does not extend beyond the term in which it is rendered. Reinbolt v. Reinbolt, 112 Oh St 526, 533; 147 N. E. 808. The vacation of a judgment after term is controlled by §11631 et seq. GC, which specifically enumerates the procedural steps to be followed. A court is without power to vacate a judgment after term unless there is a strict compliance with the controlling statutory provisions. Terry v. Claypool, 77 Oh Ap 77, 86, 65 N. E. (2d) 883; Andrews v. Ackerman Coal Co., 59 Oh Ap 65, 17 N. E. (2d) 274; Raab, Admr. v. Board, 36 Oh Ap 481, 173 N. E. 255. The statutory requisites not being complied with, the Court was without authority to vacate the judgment.

Judgment reversed and cause remanded for further proceedings according to law.

MILLER and HORNBECK, JJ, concur.

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OPINION

By WISEMAN, PJ.

This is an appeal on law from the judgment of the Municipal Court of Columbus, Ohio, in which a default judgment rendered in favor of the plaintiff was vacated after term.

*160 Plaintiff sued defendants for garage rent and obtained a default judgment on December 8, 1947, in the amount of $89.00. On January 9, 1948, an execution was issued which was returned unsatisfied. On January 16, 1948, the defendants filed a motion to vacate the judgment which was subscribed only by counsel for the defendants. On January 21, 1948, the Court granted leave to defendants to amend at bar to change the style of the pleading from “motion” to “petition”. On the same date the Court, without further proceedings, sustained the petition to vacate the judgment and granted defendants leave to file a tendered answer. On January 26, 1948, plaintiff filed his application for a rehearing on the petition to vacate the judgment which was overruled on February 9, 1948. After the motion was amended at bar and designated a “petition”, it was not verified by affidavit and no summons was issued as required by §11635 GC. No proof of any of the grounds to vacate was submitted and the Court made no finding as to the validity of the defense.

The jurisdiction of the trial court to change its judgment does not extend beyond the term in which it is rendered. Reinbolt v. Reinbolt, 112 Oh St 526, 533; 147 N. E. 808. The vacation of a judgment after term is controlled by §11631 et seq. GC, which specifically enumerates the procedural steps to be followed. A court is without power to vacate a judgment after term unless there is a strict compliance with the controlling statutory provisions. Terry v. Claypool, 77 Oh Ap 77, 86, 65 N. E. (2d) 883; Andrews v. Ackerman Coal Co., 59 Oh Ap 65, 17 N. E. (2d) 274; Raab, Admr. v. Board, 36 Oh Ap 481, 173 N. E. 255. The statutory requisites not being complied with, the Court was without authority to vacate the judgment.

Judgment reversed and cause remanded for further proceedings according to law.

MILLER and HORNBECK, JJ, concur.

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81 N.E.2d 718, 84 Ohio App. 277, 53 Ohio Law. Abs. 159, 39 Ohio Op. 411, 1948 Ohio App. LEXIS 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grelle-jr-v-humbel-ohioctapp-1948.

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