Lowellville Coal Mining Co. v. Zappio

Citations

• 80 Ohio St. (N.S.) 458

Syllabus

<p>Action before justice of peace — Having jurisdiction of case and defendant — Attorney for defendant — May confess judgment for plaintiff, when — Record prima ,facie evidence of attorney’s authority, when — Section 6¿pó, Revised Statutes — Prosecution of error under Section 6yo/, Revised Statutes — Court procedure</p> <p>1. In an action before a justice of the peace in which he has acquired jurisdiction of both the subject-matter of the action and the defendant therein, an attorney employed by the defendant to represent him in the action, may appear before said justice and in open court confess judgment in favor of the plaintiff and against his client, for the amount claimed to be due, and his authority to do so will be presumed until the contrary is shown. The record of the judgment so rendered is prima facie evidence that the attorney who confessed it was properly authorized. • ■</p> <p>2. Under the provisions of Section 6596, Revised Statutes, no appeal is allowed from a judgment rendered on such confession.</p> <p>3. In said action, and after the judgment on confession had been rendered, the defendant, by said attorney, gave notice of appeal, and an undertaking for appeal was given in due time and to the approval of the justice, which, with a transcript of his docket containing the proceedings in the action, was filed within due time in the court of common pleas. Thereafter the plaintiff filed a motion to dismiss, on the ground that an appeal is not allowed from a judgment on confession. The court overruled the motion. The plaintiff neglected or refused to file a petition in the case, and after the time prescribed by statute for the filing of such petition had elapsed, the court dismissed the action, “for want of prosecution,” and rendered judgment against the plaintiff for costs of the suit.</p> <p>Held: 1. That such judgment of dismissal and for costs is a final order as contemplated by Section 6707, Revised Statutes, and forms a predicate for the prosecutio