Continetal & Savings Bank v. Fuel & Home Fuel, 16089
| Court | United States State Supreme Court of Ohio |
| Citation | 99 Ohio St. 453,126 N.E. 508 |
| Decision Date | 15 April 1919 |
| Parties | The Continetal & Savings Bank Co. v. The Home Fuel & Supply Co. |
| Docket Number | 16089 |
126 N.E. 508
99 Ohio St. 453
The Continetal & Savings Bank Co.
v.
The Home Fuel & Supply Co.
16089
Supreme Court of Ohio
April 15, 1919
Judgments - Proceedings to vacate - Motion for new trial - Proceedings in error - Final order.
Mr. A. S. Holbrook and Mr. C. A. Banker, for plaintiff in error. Mr. Warren J. Duffey and Mr. George C. Bryce, for defendant in error.
It is ordered and adjudged by this court, that the judgment of the said court of appeals be and the same is hereby affirmed. The motion to vacate the judgment rendered in the common pleas on a cognovit note upon warrant of attorney and without summons or notice was filed the day following the rendition of the judgment and during the same term. The lower courts, therefore, were right in considering it as a motion for a new trial, filed within the time prescribed by law. The action Of the trial court sustaining such motion does not constitute a final order from which a proceeding in error may be prosecuted. Judgment affirmed. JONES, MATTHIAS, JOHNSON, DONAHUE, WANAMAKER and ROBINSON, JJ., concur. NICHOLS, C. J., not participating.
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Rosenstiel v. Rosenstiel
...permanency of the marriage [16 N.Y.2d 77] contracts and the morality of the citizens of the state' (Hubbard v. Hubbard, 228 N.Y. 81, 85, 126 N.E. 508, Of course, it is in the modern manner to shrug off all this, to ask what is the difference between a one-day 'domicile' in Juarez and a six ......
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Hamm v. Hamm
...has been applied to third persons. Kaufman v. Kaufman, 177 App.Div. 162, 163 N.Y.S. 566; see also Hubbard v. Hubbard, 228 N.Y. 81, 126 N.E. 508. With respect to judgments generally, early decisions in this State make it at least doubtful if our courts have been inclined to go that far. This......
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In re Holmes' Estate
...a resident of Lockport. As authority for his conclusion he cited the opinion of this court in Hubbard v. Hubbard, 228 N.Y. 81, at page 85, 126 N.E. 508, 509, that ‘the principle of comity between the states of the United States does not require of a state the operation of a divorce decree o......
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Bradford v. Micklethwaite, No. 34102
...the Court of Appeals and the Supreme Court in the following cases: Continental Trust & Sav. Bk. Co. v. Home Fuel & Supply Co., 99 Ohio St. 453, 126 N.E. 508; Gorey v. Black, 100 Ohio St. 73, 125 N.E. 126, and First National Bank of Dunkirk v. Smith, 102 Ohio St. 120, 130 N.E. That d......
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Rosenstiel v. Rosenstiel
...permanency of the marriage [16 N.Y.2d 77] contracts and the morality of the citizens of the state' (Hubbard v. Hubbard, 228 N.Y. 81, 85, 126 N.E. 508, Of course, it is in the modern manner to shrug off all this, to ask what is the difference between a one-day 'domicile' in Juarez and a six ......
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Hamm v. Hamm
...has been applied to third persons. Kaufman v. Kaufman, 177 App.Div. 162, 163 N.Y.S. 566; see also Hubbard v. Hubbard, 228 N.Y. 81, 126 N.E. 508. With respect to judgments generally, early decisions in this State make it at least doubtful if our courts have been inclined to go that far. This......
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In re Holmes' Estate
...a resident of Lockport. As authority for his conclusion he cited the opinion of this court in Hubbard v. Hubbard, 228 N.Y. 81, at page 85, 126 N.E. 508, 509, that ‘the principle of comity between the states of the United States does not require of a state the operation of a divorce decree o......
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Bradford v. Micklethwaite, No. 34102
...by the Court of Appeals and the Supreme Court in the following cases: Continental Trust & Sav. Bk. Co. v. Home Fuel & Supply Co., 99 Ohio St. 453, 126 N.E. 508; Gorey v. Black, 100 Ohio St. 73, 125 N.E. 126, and First National Bank of Dunkirk v. Smith, 102 Ohio St. 120, 130 N.E. That decisi......