Hamilton v. Ohio State Bank & Trust Co.

David Hamilton brought an action in the Summit Common Pleas to vacate a judgment rendered at a prior term of that court against him and in favor of the Ohio State Bank & Trust Co.

When the case came on for trial the Bank objected to the introduction of any evidence and the court sustained the objection and rendered a judgment discussing the petition.

Hamilton prosecuted error and it was contended that at a prior term of the court a judgment was rendered against him for $15,-223.30 and costs, that he was not summoned or otherwise legally notified of the filing of the action against him or of the…