Sharp v. Shelby Mutual Ins.

The initial question raised for determination by this court is whether, in the action brought by the plaintiff, the trial court erred in sustaining the motion of defendant Reliance to quash the service of summons on the ground that service upon its statutory agent in Cuyahoga County was not authorized by Section 2703.04, Revised Code, because the plaintiff’s petition did not state a joint cause of action against Shelby, a resident defendant, and Reliance, a nonresident defendant.

Section 2703.04, Revised Code, in pertinent part, provides :

“When the action is rightly brought in any county * *…