Oaks v. Grocers Wholesale, Inc.

DIMOND, Justice.

The main question here is whether a default judgment against the appellant, Oaks, should be set aside as being in violation of that part of Civ.R. 54(c) which provides:

“A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment.”

In March 1957 Oaks gave his promissory note for approximately $37,000 to the plaintiff, Grocers Wholesale, Inc. The note was secured by a chattel mortgage on a large number of cigarette vending machines. In May 1958, plaintiff. commenced this action against Oaks to foreclose the mortgage,…