Bulkley v. Greene
Ohio Supreme Court
Error to the Court of Appeals of Franklin county. On April S, 1916, F. F. Greene obtained a judgment against Lorenzo H. Bulkley on the latter’s warrant of attorney, in the sum of $719. At the following term, May 23, 1916, Bulkley filed his petition in the common pleas court alleging the fact that judgment by confession had been taken against him, he not having been summoned or legally notified to appear at the time and place of taking such judgment.
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Error to the Court of Appeals of Franklin county. On April S, 1916, F. F. Greene obtained a judgment against Lorenzo H. Bulkley on the latter’s warrant of attorney, in the sum of $719. At the following term, May 23, 1916, Bulkley filed his petition in the common pleas court alleging the fact that judgment by confession had been taken against him, he not having been summoned or legally notified to appear at the time and place of taking such judgment. In his petition he sought a suspension and vacation of that judgment on the ground that the amount of the judgment “was more than was due the…
1Opinion of the CourtJones, J.
The judgment sought to be vacated was confessed by warrant of attorney, and the record discloses no complaint of irregularity in the taking of that judgment. After the term the judgment debtor availed himself of Section 11635 et seq., General Code, by filing his petition to vacate, alleging as his “ground to vacate” that the amount of the judgment “was more than was due the plaintiff.” At the same time he presented as valid defenses to the original action the three several defenses referred to. The method of procedure to *58be followed is not only defined by the code, but is clarified by the…
2Cases cited3 opinions
- Wills v. BrowningIndiana Supreme Court · 1884
- Cresswell v. WhiteIndiana Court of Appeals · 1892
- Boas v. HeffronAppellate Court of Illinois · 1891