Ohio Court of Appeals, 1938

Smith v. Schwier

Smith v. Schwier
Ohio Court of Appeals · Decided May 31, 1938 · Hamilton, Matthew, Ross
27 Ohio Law. Abs. 553; 1938 Ohio Misc. LEXIS 1088

Smith v. Schwier

Opinion of the Court

OPINION

By THE COURT

This judgment is affirmed. The findings of fact include the two prerequisites for setting aside a judgment after term: — (1) Failure to defend, superinduced by the representations of the plaintiff; and (2) a valid and meritorious defense.

The bill of exceptions contains evidence supporting the findings.

The case is remanded to the trial court for further proceedings according to law.

ROSS, PJ, HAMILTON and MATTHEW.S, JJ, concur.

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