Avco Delta Corp. v. Walker

This is an appeal from an order of the Common Pleas Court of Franklin County striking defendant-appellant’s amended counterclaim from the files, and retaining the case for trial only on the issues made by the petition and the amended answer. No issue has been raised as to the appealability of such order, and thus we are assuming for the purpose of this decision that such order is appealable, without expressing any opinion as to such question.

In essence this case involves the question whether, while an action on a cognovit note filed by plaintiff against defendant is still pending, defendant…