
    The Continental Trust & Savings Bank Co. v. The Home Fuel & Supply Co.
    
      Judgments — Proceedings to vacate — Motion for new trial — Proceedings in error — Pinal order.
    
    (No. 16089
    Decided April 15, 1919.)
    Error to the Court of Appeals of Lucas county.
    
      Mr. R. S. Holbrook and Mr. C. R. Banker, for plaintiff in error.
    
      Mr. Warren J. Duffey and Mr. George C. Bryce, for defendant in error.
   It is ordered and adjudged by this court, that the judgment of the said court of appeals be and the same is hereby affirmed. The motion to vacate the judgment rendered in the common pleas on a cognovit note upon warrant of attorney and without summons or notice was filed the day following the rendition of the judgment and during the same term. The lower courts, therefore, were right in considering it as a motion for a new trial, filed within the time prescribed by law. The action of the trial court sustaining such motion does not constitute a final order from which a proceeding in error may be prosecuted.

Judgment affirmed.

Jones, Matthias, Johnson, Donahue, Wanamaker and Robinson, JJ., concur.

Nichols, C. J., not participating.  