Fishback v. Baldasarro

OPINION

By THE COURT.

This is an appeal on questions of law from two orders of the Common Pleas Court of Franklin County:

First, in vacating and suspending during term a default judgment taken by plaintiff;

Second, in granting leave to defendants to fjle out of rule a demurrer to the interrogatories attached to the plaintiff’s petition.

In our opinion the second order is not a final order from which an appeal may be taken.

An order, vacating and suspending during term a default judgment is not a final order (Green v. Acacia Mutual Life Insurance Company, 156 Oh St 1, OA 57 Abs 43) unless an abuse…