Lyons v. Weihe

Ohio Court of Appeals

Lyons v. Weihe

24 N.E.2d 835, 62 Ohio App. 527, 28 Ohio Law. Abs. 161, 16 Ohio Op. 195, 1938 Ohio App. LEXIS 291

CourtOhio Court of Appeals

DecidedNovember 7, 1938

DocketNo 5496

StatusPublished

Cited by1 cases

This text of 24 N.E.2d 835 (Lyons v. Weihe) 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

Lyons v. Weihe, 24 N.E.2d 835, 62 Ohio App. 527, 28 Ohio Law. Abs. 161, 16 Ohio Op. 195, 1938 Ohio App. LEXIS 291 (Ohio Ct. App. 1938).

Pincite

Opinion

OPINION

By HAMILTON, J.

Appeal, on questions of law from the Municipal Court of Cincinnati.

The plaintiff, appellant here, procured a default judgment against the defendants-appqllees at a subsequent term of that court, the defendants filed a motion to set the judgment aside for “irregularity in obtaining the judgment.” The trial court granted the motion and set the judgment aside.

Appellant appeals from that judgment and argues as a point of error that the court had no power to set aside the judgment after term on motion; that the procedure must be by petition.

Sec 11634, GC, authorizes the proceeding by motion on the grounds stated, and upon a proper showing the trial court may set aside the judgment, on motion, for irregularity in obtaining the judgment.

There is no bill of exceptions and this court, therefore, has no knowledge of what was shown on the hearing of the motion. It must, therefore, be presumed that the court found sufficient grounds to support the motion.

The judgment is affirmed.

ROSS, PJ, and MATTHEWS, J, concur.

Free access — add to your briefcase to read the full text and ask questions with AI