Allen v. Streithorst

OPINION

By MATTHEWS, J.:

On February 13th, 1947, the defendant-appellant recovered a judgment for $6,657.30 against the plaintiff-appellee in the Court of Common Pleas of Hamilton County, Ohio, upon a cognovit note, without service of summons or notice of any kind upon him. An attorney, solicited by defendant-appellant, assuming to act under the authority contained in the note, entered the plaintiff-appellee’s appearance and confessed judgment in his name.

On June 30th, 1947, the plaintiff-appellee filed this action. He alleged that he had not been summoned or otherwise legally notified of the…