Brown v. Lamb

This case is before us pursuant to the allowance of a motion to certify the record, and represents an action filed for the recovery of attorney fees. It has had a long and unusual history in the courts. We allowed the motion to certify because, in spite of the age of the litigation, it concerns the erroneous denial of a day in court for the appellant.

The journal entry in the Court of Appeals sets out the following pertinent facts:

“On March 24, 1969, the case was, after publication in the Toledo Legal News, dismissed for want of prosecution. Plaintiff’s counsel was actually aware of the…