Reports of Cases Argued And Determined

Cover Reports of Cases Argued And Determined
Reports of Cases Argued And Determined
Ohio. Supreme Court. [from Old Catalog]
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Anthony ^ 11 Ark., 411; 52 Am. Dec, 274; 47 111., 353.
A void judgment is of no eflFect and this judgment being void because it decrees the transfer of the title of sublot No. 56 when the i)etition does not ask for it, may be disregarded. See Sees. 17 and 18, Freeman on Judgments.
We call the attention of the court to the petition filed by Joseph Desnoyers in cause No. 47960 and to Digitized by LjOOQIC 452 SUPREME COURT OP OHIO. [Vol.] Newman t. DesnoTen et al.
the subsequent decree where the c
...ourt opened up and modified the decree in cause No. 46212.
Section 5358, Rev. Stat., provides that "The pro- ceedings to vacate • • • shall be by i)etition • • • setting forth * * ♦ the grounds to va cate or modify it, and, if the party applying was a defendant, the defense to the action." Section 5359, Rev. Stat.— "The court must first try and decide upon the grounds to vacate or modify a judgment before trying or deciding the validity of the defense.'- This the court proceeded to do and both sides ap- peared, went to trial, argued and submitted their case and the court upon due consideration opened up the judgment in 46212 and modified the judgment.


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