Lee v. Benedict

Citations

• 82 Ohio St. (N.S.) 302

Syllabus

<p>Revieiuing court to pass on alleged errors — On motion to vacate judgment• — Requires finding of forts or bill of exceptions— Error for court hearing such motion to enter judgment, when.</p> <p>1. To enable a reviewing court to properly pass upon alleged errors occurring at the hearing of a motion in the court of common pleas to vacate a judgment of a previous term for irregularity in obtaining such judgment, there should be presented a record including a finding of facts, or a bill of exceptions showing all the evidence given at the hearing.</p> <p>2. Proper practice in such case requires that the court, upon the hearing of such motion, should first pass upon the ground of irregularity charged and if sustained and the defendant had shown what in law if established would- be a defense, then order the judgment suspended- until the cause should be tried on its merits. And it is error for the court, upon the hearing of such motion, to enter final judgment of vacation. Watson v. Paine, 2S Ohio St., 340; Pollett v. Alexander, 58 Ohio St., 202, approved and followed-.</p>