Gynn v. Gynn

OPINION

By SKEEL, PJ.

This appeal comes to this court from an order entered in a special proceeding overruling defendant’s petition (motion) to vacate a judgment after term under the provisions of §2325.01 et seq, R. C. The original action was one for divorce filed by the plaintiff March 20, 1952. The defendant was then in the Ohio State Penitentiary at Columbus, Ohio, where he was served with summons by the sheriff of Franklin County. Summons was returned April 2, 1952 and the defendant filed his answer on May 9, 1952. On May 20, 1952, the plaintiff filed a motion to advance, which is not…