Kahn's Jewelers v. Truss

Plaintiff, Kahn’s Jewelers, appellant herein, recovered a default judgment in the Columbus Municipal Court against the defendant, Thelma Truss, appellee herein, for $294.04 damages which had been prayed for as alternative relief in an action of replevin, the chattels not having been recovered.

After term, defendant filed a petition to vacate the judgment, along with a proffered answer. The petition alleges that the defendant was never served with summons and had no knowledge of the action until she received a five-day demand for earnings; that she did not then have, and never had, possession…