McMahon v. Keller

The parties stood in the same order below.

The plaintiffs filed their petition in the court of common pleas to construe a will, in which action the defendant was made a party and service duly had upon her by publication. The case proceeded to judgment in May, 1917. In September, 1917, the defendant filed an application, under favor of Section 11632, General Code, to open the judgment entered in the second preceding term of court. Her application was based on the claim that the service being only constructive upon her, she had, in fact, no notice of the proceedings, and affidavits pro and con…