Legal Opinion

Squire v. Guardian Trust Co.

Ohio Supreme Court

Decided June 26, 1946No. Nos. 30573, 30574, 30675 and 30576PublishedCited by 17 opinions

1Opinion of the CourtZimmerman, J.

So far as we can ascertain, the precise question presented by these appeals has not previously been directly passed upon by this court.

It is stated in 4 Corpus Juris Secundum, 233, Section 119:

“An order or decree entered in the original cause reviving or continuing a suit on the. death of a party in favor of or against his personal representative or successor, not being a final order or decree, is not appealable, unless it is within the special provisions of the statute allowing appeals.”

Section 12223-2, General Code, recites in part:

“An order affecting a substantial right in an action, when…

2Cases cited3 opinions

  1. Levin v. MuserNebraska Supreme Court · 1921
  2. Mackaye v. MalloryCourt of Appeals for the Second Circuit · 1897
  3. Blum v. Pulaski CountySupreme Court of Arkansas · 1909

3Cited by17 opinions

  1. Amato v. General Motors Corp.Ohio Supreme Court · 1981
  2. Bernbaum v. SilversteinOhio Supreme Court · 1980
  3. Bellaire City Schools Board of Education v. PaxtonOhio Supreme Court · 1979
  4. General Electric Supply Co. v. Warden Electric, Inc.Ohio Supreme Court · 1988
  5. Ohio Historical Society v. State Employment Relations BoardOhio Supreme Court · 1990

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