
    No. 868
    SMALLEY v. FRISCHLEY
    Ohio Appeals, 8th District, Cuyahoga County
    No. 4603.
    Decided Oct. 23, 1923
    269. NEW TRIAL.
    Judgment by confession, suspended, and judgment for defendant entered on verdict — Reversed as against weight of evidence.
    Vickery, Sullivan and Levine, JJ.
    Error to Cuyahoga Common Pleas
   PER CURIAM.

Epitomized Opinion

In the court below, Smalley brought action on a cognovite note, against Frischley, and judgment was taken and rendered by confession, for $5,000. During the same term a motion was made that judgment be suspended, until defendant could put iri his defense. At the trial of th_e action after the defense had been filed, the jury found for the defendant, and a motion for a new trial was made and overruled, and judgment entered upon the verdict, to reverse which this case was filed. The Court of Appeals held:

Attorneys — Fred M. Bruml, for Smalley; Sam B. Fitzsimmons, for Frischley.

That the verdict was contrary to the evidence and not supported by sufficient evidence, and reversed and remanded the case to the Common Pleas for further proceedings.  