DocketNumber: No. 23277
Citation Numbers: 125 N.E.2d 196, 102 Ohio App. 367, 71 Ohio Law. Abs. 26
Judges: KOVACHY, P. J.
Filed Date: 3/16/1955
Status: Precedential
Modified Date: 1/13/2023
It should be emphasized that this appeal is here not on the merits, but only from a preliminary order *Page 375 of the trial court, the effect of which was merely to suspend the judgment previously confessed on a warrant of attorney, pending trial on the merits, the action being predicated upon a petition to vacate filed after term, pursuant to the applicable statutes.
The trial court having found that the answer presented and filed was sufficient in law, and having made an entry temporarily suspending the judgment, it was not within the province of the trial court, nor is it within the jurisdiction of this court, to adjudicate at this time the issues raised on the merits by the pleadings.
This case is distinguishable from Commonwealth Loan Co.,Inc., v. Firestine,
The cases of Roberts v. Davis, Admr.,