Appeal on Questions of Law

OPINION

By WISEMAN, J.

This is an appeal on questions of law from the judgment of the Common Pleas Court of Franklin County, Ohio, overruling a motion filed during term to vacate and set aside a default judgment in an action to foreclose a mechanic’s lien.

Evidence was taken at the hearing on the motion which disclosed that the defendants-appellants retained counsel to make defense to the action but that counsel never appeared of record in the case and failed to make any defense whatsoever. The record also supports the statement made in appellants’ brief as follows: “The record clearly shows…