COLLIER, J.
This is an appeal on questions of law from a judgment of the Common Pleas Court of Scioto County overruling plaintiff's motion to dismiss the motion of the defendant, filed in this cause in a subsequent term at which judgment was rendered, to open and modify the judgment. There is no bill of exceptions, but the pleadings and docket and journal entries disclose the following steps in the procedure of this cause:
On September 30, 1953, while case...
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