WEISS v. KEARNS

No. 40407.

11 Ohio St. 2d 73 (1967)

WEISS, APPELLEE, ET AL., v. KEARNS, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided July 5, 1967.


Attorney(s) appearing for the Case

Mr. Sidney N. Weitz, Mr. Gerald A. Doyle and Messrs. Rini & Hecht, for appellee.

Mr. Edwin F. Woodle, for appellant.


O'NEILL, J.

The first question to be determined is: Where, in an action seeking an injunction to restrain the enforcement of a judgment, there is an issue of fraud, must that issue be sustained by clear and convincing evidence?

The journal entry of the trial court reads in part: "* * * At the close of plaintiff's case in chief, defendant Kearns moved for judgment in his favor on the ground that the evidence failed to sustain the material allegations of the...

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