Chandler & Taylor Co. v. Southern Pacific Co.

Citations

• 104 Ohio St. (N.S.) 188

Syllabus

<p>Court of appeals — Jurisdiction in error — Section 8, Article IV, Constitution — “Judgments” construed — Decrees and final orders included, when — Order vacating default judgment.</p> <p>1. Such interpretation must be given a provision of the constitution as will promote the object of the people in adopting it, and narrow and technical definitions of particular words should be avoided. In obedience to this rule the term “judgments” appearing in Section 6, Article IV of the Constitution as amended in 1912, is used in its broad and generally accepted meaning and not in that restricted meaning formerly given it by the legislature in Section 11582, General Code. The term comprehends all decrees and final orders rendered by a court of competent jurisdiction and which determine the rights of parties affected thereby.</p> <p>2. An order vacating a default judgment upon motion of the defendant, filed at the same term, but more than three days after its rendition, is not a final determination of the rights of the parties and is not reviewable unless the court abuses its discretion in making it.</p>