Cautela Bros. Cement Contractors v. McFadden

This is an appeal from an order by the Franklin County Municipal Court overruling a motion to vacate a cognovit judgment.

The record shows that a cognovit judgment was rendered on the note in question in the trial court on October 19,1970, and a notation made as follows: “Notice of Judgment Mailed.” The docket further shows that on November 18, 1970, certificates of judgment were filed in the Common Pleas Court of Franklin County; that orders for the production of books and records were made on Dec-cember 2, 1970, February 11, 1971 and February 22, 1971; that an affidavit in aid of execution…