
    MOTIONS AND ORDERS
    [Cuyahoga (8th) Circuit Court,
    February 5, 1912.]
    Marvin, Winch and Niman, JJ.
    Poplowsky Plumbing Co. v. D. H. Rosenstein.
    Duplicate Motion May be Stricken from Files.
    A court is not required to pass upon the same matter more than once; hence there is no error in striking from the files a second motion to vacate a default judgment identical with one overruled five days before.
    Error.
    
      Harry Koblitz, for plaintiff in error.
    
      J. Mendelson, for defendant in error.
   WINCH, J.

The error here complained of is striking from the files a motion to vacate a default judgment. Such action was taken by the trial court because five days before it had overruled a similar motion made by plaintiff in error.

We see no error in this ruling; the court is not required to pass more than once upon the same matter; otherwise there would be no end to litigation.

Judgment affirmed.

Marvin and Niman, JJ., concur.  