CAUTELA BROS. v. McFADDEN

No. 72AP-163.

32 Ohio App.2d 329 (1972)

CAUTELA BROS. CEMENT CONTRACTORS, APPELLEE, v. McFADDEN ET AL., APPELLANTS.

Court of Appeals of Ohio, Franklin County.

Decided October 10, 1972.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman and Mr. W. James Hutchins, for appellee.

Mr. Martin S. Goldberg and Mr. Paul W. Brown, for appellants.


STRAUSBAUGH, J.

This is an appeal from an order by the Franklin County Municipal Court overruling a motion to vacate a cognovit judgment.

The record shows that a cognovit judgment was rendered on the note in question in the trial court on October 19, 1970, and a notation made as follows: "Notice of Judgment Mailed." The docket further shows that on November 18, 1970, certificates of judgment were filed in the Common Pleas Court of Franklin County; that orders...

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