Rabb v. Cuyahoga County Commissioners

At this juncture a proper consideration of the case demands that we consider the legal status of the plaintiff who obtained the judgment by default. During the term in which the default was rendered, the court having control of its docket had full power sua sponta or otherwise, to suspend or vacate the judgment. This power was not only inherent in the court but established by a long line of authorities and there is nothing that could take this power from the court during the term in which the judgment by default was rendered. This power and control over the judgment during term ceases when…