Samuel v. Zanesville Bank & Trust Co.

Error is prosecuted to this court from the judgment entered in the trial court. The parties here stand in an order the reverse of that held in the court below. The facts are as follows:

On November 6, 1928, the bank obtained a judgment by confession upon a warrant of attorney, in the sum of $1,039.85, against W. A. Samuel. Thereafter, on the 19th day of November, plaintiff in error Samuel filed a petition in the common pleas court, praying for vacation of the judgment. The court held this petition to be in fact a motion, and ordered Samuel to file therewith his proposed answer. An answer was…