In Re the Estate of Penn

The opinion of the court was delivered by

Foth, C.:

The issue in 'this case is whether a judgment of divorce is valid as between the parties when it is rendered in open court, with both parties present with counsel, and is noted on the court’s trial docket, but no journal entry is filed and the clerk neglects to enter the judgment in the appearance docket. We hold that it is.

Forrest Penn, Jr., died intestate on August 20, 1973. Two days later the appellee, Marviss L. Penn, instituted this proceeding in the probate court of Butler county by filing her petition to be appointed administrator of…