McMANUS v. BUSKIRK

No. 38067.

176 Ohio St. 75 (1964)

MCMANUS, ADMX., APPELLANT, v. BUSKIRK, A MINOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 1, 1964.


Attorney(s) appearing for the Case

Messrs. Volkema, Wolske & Bopeley, for appellant.

Mr. M. D. Slavens, Mr. Harry B. Reese and Mr. Roy J. Gillen, for appellees.


Per Curiam.

The determination as to whether the judgment of June 12, 1962, should be vacated and set aside was in the first instance a matter within the discretion of the trial court.

Near the close of its opinion, the Court of Appeals remarked:

"As we view the situation in the present case, there was a misunderstanding between the court and counsel for the defendants. The trial judge and counsel for the defendants were nonresidents of Vinton...

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