LIVINGSTONE v. REBMAN

No. 35594.

169 Ohio St. 109 (1959)

LIVINGSTONE, APPELLEE, v. REBMAN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 22, 1959.


Attorney(s) appearing for the Case

Mr. W. P. Newton and Mr. Ralph Vince, for appellee.

Messrs. Levin & Levin, for appellants.


BELL, J.

In its opinion affirming the judgment of the trial court, the Court of Appeals said:

"In attempting to vacate a judgment under such circumstances what needs to be shown is prima facie proof supporting the defense. But the defense which is presented here is that the note is a forgery upon which the defendants are not bound. Either such claim is true or is not true. The same proof is required on the motion [petition] as on the merits. It must follow...

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