Weaver v. Weaver

*375OPINION

By BARNES, J.

Plaintiff in error, Elgar Weaver, prosecutes error from this judgment and order of the Court of Common Pleas. The bill of exceptions presents the evidence taken in the proceedings to vacate. Complaint is made that the trial court found that the proceeding's were had under the provisions of §11638 GC. We are inclined to the belief that this section primarily is intended to grant ancillary relief, although we do not hold that an original action might not be instituted under this section. We do not think that the proceedings in the instant case were under this section. As we…