Modern Roofing & Siding Co. v. Boring

OPINION

By THE COURT.

Submitted on motion by Don Littell, purported appellee, seeking an order dismissing the appeal for the reason that the same is not an appealable order. The notice of appeal is directed to the judgment of April 19, 1949, which overrules a motion to set aside the proceedings previously had in the case and to vacate the default judgment. This is a final order from which an appeal may lie. It is stated in 2 O. Jur. Section 110, p. 225:

“A distinction was also drawn by the Ohio courts between orders sustaining motions to vacate or to set aside judgments and orders overruling…