Johndahl v. Columbus Trotting Ass'n

I concur in the judgment to the extent that there should be a reversal, but not that the cause should be remanded for a new trial.

The record discloses that the motion to vacate the judgment was submitted in the following form:

"Now comes defendant Columbus Trotting Association, Inc., by its attorneys, and moves the court for an order vacating and setting aside the judgment heretofore entered herein, for the reason that the note upon which said judgment was entered was not supported by any consideration, and for the further reason that the defendant has substantial claims against the plaintiff…