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MATSON v. MARKS

No. 72AP-162.

32 Ohio App.2d 319 (1972)

MATSON, EXR., APPELLEE, v. MARKS, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided October 10, 1972.

Attorney(s) appearing for the Case

Messrs. Chester, Hoffman, Park, Willcox & Rose and Mr. G. Roger Post, for appellee.

Messrs. Schottenstein, Garel, Swedlow & Zox and Mr. Ronald L. Solove, for appellant.

WHITESIDE, J.

This is an appeal from an order of the Franklin County Court of Common Pleas overruling defendant's motion to vacate and set aside a cognovit judgment and to grant him leave to file an amended answer.

Plaintiff filed his complaint and obtained judgment against defendant upon a cognovit note on December 13, 1971, upon the filing of an answer by virtue of a warrant of attorney confessing such judgment. Defendant received notice of such judgment...

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