
    No. 367
    CARL CONSTRUCTION Co. v. HUBLEY et al
    Ohio Appeals, 2nd Dist., Montgomery County
    No. 569.
    Decided Jan. 3, 1924
    465. ERROR — Not to be prosecuted to an order vacating a default judgment.
   BY THE COURT.

Epitomized Opinion

Published Only in Ohio Law Abstract

Default judgment was entered June 11, 1923. Within three days and during term a motion to vacate the default judgment was filed. The motion was sustained also during term. The case is still pending in the court below. Error is prosecuted to the order vacating the default judgment. A motion has been filed in this court to dismiss the proceedings in error upon the ground that there is no final judgment. This motion must be sustained upon the following authority: Continental Trust Company v. Home Fuel Company, 99 OS: 453; Higginbotham v. Atwater, 12 App. 80.

Attorneys — Parker & Brooks, for Carl Co.; William H. Miller, George R. Murray, for Hubley, all of Dayton.

Petition in error dismissed.  