Byrkett v. Curtis

Full title: BYRKETT, APPELLEE v. CURTIS, APPELLANT

Court: Court of Appeals of Ohio

Date published: Mar 27, 1953

115 N.E.2d 32 (Ohio Ct. App. 1953)

115 N.E.2d 32

Opinion

No. 475

Decided March 27, 1953.

Appeal — Final order — Order overruling motion to vacate judgment.

An order overruling a motion to vacate a judgment is a final order from which an appeal lies.

APPEAL: Court of Appeals for Miami county.

ON MOTION to dismiss.

Mr. Michael E. Norris and Miss Marie C. Schmuecker, for appellee.

Mr. Earl H. Moore, Jr., for appellant.

Per Curiam.

This cause is now before this court on motion of plaintiff, appellee, to dismiss the appeal on the ground that the order appealed from is not a final order.

The action is one for partition. After judgment the defendant, appellant, filed a motion to set aside the order of partition, the writ of partition, the election to take at the appraised value, and the commissioner's report. After hearing, the motion was overruled. From the order overruling the motion this appeal was taken.

An order overruling a motion to vacate a judgment has always been held to be a final order. 2 Ohio Jurisprudence, 225, 226, Section 110, and cases cited.

Motion to dismiss overruled.

Motion overruled.

WISEMAN, P. J., HORNBECK and MILLER, JJ., concur.