State ex rel. Continental Casualty Co. v. Birrell

The trial court was not in error in striking from the files the motion “to vacate the judgment,” a repetitious matter the court had previously passed on. White v. Calhoun, 83 Ohio St., 401, 94 N. E., 743; Thomas v. Kalbfus, Recr., 97 Ohio St., 232, 119 N. E., 412; and Butterick Publishing Co. v. Smith, 112 Ohio St., 73, 146 N. E., 898.

The motion to vacate is practically a duplicate of the former motion to correct the record, which motion the trial court overruled and an appeal from the ruling thereon was taken to the Court of Appeals. The entire cause in which the motion “to vacate the…