MITCHELL v. REESE

No. 5574.

105 Ohio App. 40 (1957)

MITCHELL, D. B. A. SUPERIOR CONSTRUCTION CO., APPELLANT, v. REESE, D. B. A. REESE & SONS CONSTRUCTION CO., APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided May 15, 1957.


Attorney(s) appearing for the Case

Messrs. Knepper, White, Richards, Miller & Roberts and Mr. Milton S. Bartholomew, for appellant.

Mr. John L. Francis, for appellee.


BRYANT, J.

The sole question in this case is whether the Municipal Court committed reversible error when it vacated and set aside a default judgment previously entered. A brief statement as to the steps taken in the court below is needed.

On December 20, 1955, Joseph Mitchell, doing business as Superior Construction Company, filed a petition on account in short form, with copy of the account attached, seeking judgment for $865, plus interest. Summons was issued...

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