Graham v. Dayton Morris Plan Bank

The trial court during the term has control within the widest discretion respecting the opening up of judgments. The leading-case in Ohio on recognized procedure respecting the vacation of judgments during term is Metzger v Ziesler, 13 N.P. (N.S.) 49. Thus, in this case it would have been the regular and approved practice to have tendered an answer along with the motion and the affidavit. However, such requirement could have been waived by the trial court and probably was. But, obviously, judgments taken by confession are authorized and must be given the standing and effect of any other…