Modern Roofing & Siding Co. v. Boring

Ohio Court of Appeals

Modern Roofing & Siding Co. v. Boring

93 N.E.2d 31, 56 Ohio Law. Abs. 488

CourtOhio Court of Appeals

DecidedJune 27, 1949

DocketNo. 4305

StatusPublished

Cited by1 cases

This text of 93 N.E.2d 31 (Modern Roofing & Siding Co. v. Boring) 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.

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Modern Roofing & Siding Co. v. Boring, 93 N.E.2d 31, 56 Ohio Law. Abs. 488 (Ohio Ct. App. 1949).

Pincite

Opinion

OPINION

By THE COURT.

Submitted on motion by Don Littell, purported appellee, seeking an order dismissing the appeal for the reason that the same is not an appealable order. The notice of appeal is directed to the judgment of April 19, 1949, which overrules a motion to set aside the proceedings previously had in the case and to vacate the default judgment. This is a final order from which an appeal may lie. It is stated in 2 O. Jur. Section 110, p. 225:

“A distinction was also drawn by the Ohio courts between orders sustaining motions to vacate or to set aside judgments and orders overruling such motions, with respect to finality. The principle was laid down, and followed with consistency in Ohio, that an order denying or overruling a motion to vacate or to set aside a judgment was a final order which might form the predicate for an appeal on questions of law, formerly error proceedings.”

The motion will be overruled.

MILLER, PJ, HORNBECK and WISEMAN, JJ, concur.

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