Metzger v. Northwestern Ohio Timing Ass'n

This is an appeal on questions of law from a judgment of the Court of Common Pleas overruling a motion to vacate a judgment for plaintiff-appellee on a cognovit note. A bill of exceptions was not filed on the appeal. The judgment by confession under warrant of attorney on the cognovit note was entered April 20, 1960. On September 1, 1960, defendant-appellant filed a motion to vacate such judgment and on the same day filed an answer and cross-petition.

Thereafter, on September 13, 1960, defendant filed a motion requesting a statement in writing by the court of its conclusions of fact separate…