Berea Bus Lines Co. v. Seminatore

This is an action brought by plaintiff, Berea Bus Lines Company, to vacate, after term, a default judgment obtained against it by the defendants, Natalie and Charles Seminatore. In plaintiff’s second amended petition, Section 2325.01 (G), Revised Code, was asserted as the statutory ground for vacating the judgment. Section 2325.01 (G), Revised Code, reads;

“The Court of Common Pleas or the Court of Appeals may vacate or modify its own final order, judgment, or decree after the term at which it was made:

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“(Gr) For unavoidable casualty or misfortune, preventing the party from prosecuting…