TAVERN v. SNADER

No. 34371.

165 Ohio St. 61 (1956)

THE LINCOLN TAVERN, INC., APPELLEE, v. SNADER ET AL., APPELLANTS; DOUGHERTY, APPELLEE.

Supreme Court of Ohio.

Decided March 14, 1956.


Attorney(s) appearing for the Case

Mr. Joseph N. Bernabei and Mr. Leroy J. Contie, Jr., for appellees.

Mr. James W. Anderson and Mr. Carl Shifman, for appellants.


MATTHIAS, J.

The immediate question presented by this appeal is whether the Court of Appeals erred in dismissing the appeal, on the ground that the action of the trial court, in finding the judgment in issue to be voidable rather than void and in refusing to vacate the sale made thereunder, is not a final order.

To determine this issue, we must consider, first, the nature of the defendants' attack on said judgment and, second, the status of the judgment.<...

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