FINANCE CO. v. SHIRLEY

No. 35497.

168 Ohio St. 273 (1958)

FRIEDMAN FINANCE CO., APPELLANT, v. SHIRLEY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 19, 1958.


Attorney(s) appearing for the Case

Messrs. Saxbe, Boyd & Prine, for appellant.

Messrs. Barkan & Mendel, for appellees.


BELL, J.

It is contended by counsel for plaintiff that the motion to dismiss is an attempt to collaterally attack a judgment, and that defendant's only recourse is to attack the judgment directly by petition. Defendant, on the other hand, contends that the judgment is void, and that it may, therefore, be attacked either collaterally or directly.

Were we of the opinion that the motion of defendant to dismiss the proceeding in aid is in fact an attack upon the...

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