Ames Co. v. Busick

OPINION

By GEIGER, PJ.

The action was begun in the Municipal Court of Columbus, based upon a cognovit note, dated November 23, 1940, calling for the payment to the plaintiff of $224.50, for which judgment was asked.

Lyman Beaurifield, an attorney ■of this county, waived the issue of service and confessed judgment in the amount claimed.

On April 21 a motion to vacate the judgment was filed by the defendants and on the same day the docket discloses the fact that the motion was sustained and an answer and cross-petition ordered filed.

There is no formal entry made by the Court sustaining this motion,…