McMillen v. Willard Garage, Inc.

The following are additional reasons for affirming the final order of the trial court in overruling the defendant’s motion filed within term to vacate the judgment by confession.

In hearing and determining a motion within term, or a petition after term, to vacate or modify a judgment rendered on a promissory note containing a confession-of-judgment clause, the trial court is confronted with a two-pronged inquiry, where the motion or petition for vacation alleges as grounds for vacation facts which call for the application of Subdivision (I) of Section 2325.01, Revised Code, which provides:

“The…