Bray v. Brown

Citations

• 27 Ohio C.C. Dec. 618
• 16 Ohio C.C. (n.s.) 598
• 1907 Ohio Misc. LEXIS 414

Syllabus

<p>PLEADING — TRIAL.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>1. Default not Set Aside for Amendment of Petition by Erasure of Words Ordered Stricken Out.</p> <p>The amendment of a petition, without notice to defendant, by the erasure of certain words, after the court has ordered them stricken out, is not such an irregularity as to furnish grounds for setting aside a judgment rendered upon such petition after the defendant became in default.</p> <p>2. Default Judgment Set Aside at Subsequent Term by Petition Only.</p> <p>A default judgment alleged to have been fraudulently secured, can not be set aside at a subsequent term by motion; the application must be by petition.</p> <p>3. Jury Unnecessary to Assess Damages by Default in Actions Ex Delicto.</p> <p>Where an action is ex delicto and the defendant is in default of an answer or pleading and the plaintiff appears and submits his case to the court upon the petition and evidence, the court has power to fix the amount of damages without the intervention of a jury.</p> <p>[Syllabus by the, court.]</p>