Sherber v. O'Grady

This appeal comes to this court on questions of law from a judgment entered for the plaintiff in the’Municipal Court of Cleveland. The action is based on an alleged cognovit note upon which judgment was entered without notice. A motion to vacate the judgment was filed and upon trial of the issues presented by the motion, the trial court held, as show by the journal entry, that the defendant did not present a defense to the note, overruled the motion and ordered the judgment into effect. This is the order from which this appeal is taken.

The defendant, who was President of the Warren Health…