Briggs v. Matz

OPINION

By CARTER, J.

The parties will be designated as they were in the Court of Common Pleas.

The action below was upon a promissory note executed and delivered by the defendant to the First National Bank of Woods-field, Ohio, upon which note judgment was taken by confession on a warrant of attorney contained in the note.

A motion was made by the defendant moving the court to open up and vacate the judgment for the claimed reason that the defendant had a good and valid defense to the note. This motion was by the court sustained, the judgment vacated and the defendant was permitted to file an…