Legal Opinion

Maholm v. Marshall

Ohio Supreme Court

Decided December 15, 1876PublishedCited by 22 opinions

Motion for leave to file petition in error to reverse the judgment of the District Court of Perry county. The action was brought in the court of common pleas by Marshall against Maholm and Taylor. The petition contains but a single cause of action on the notes of Maholm, secured by a mortgage of lands in Perry county, where the action wras brought, and prays a personal judgment against Maholm for the amount of-the notes, and for an order to sell the lands mortgaged.

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Motion for leave to file petition in error to reverse the judgment of the District Court of Perry county. The action was brought in the court of common pleas by Marshall against Maholm and Taylor. The petition contains but a single cause of action on the notes of Maholm, secured by a mortgage of lands in Perry county, where the action wras brought, and prays a personal judgment against Maholm for the amount of-the notes, and for an order to sell the lands mortgaged. It is also averred that “ Taylor claims to have some interest in the premises, the exact character of which is unknown to the…

1Opinion of the CourtGilmore, J.

After the service and return of the summons, the defendants, without protesting against submitting themselves to the jurisdiction of the court, filed a motion to strike from the files the summons and return thereof, etc., “ and generally said defendants move to strike from the case all the papers herein filed, on the ground of irregularities and defects.” Even on the hypothesis that the summons and service were defective, the clause of the motion just quoted reached back of the summons, and struck at the regularity and sufficiency of the petition filed in the action. This, we think, was an…

2Cases cited1 opinion

  1. Lessee of Perkins v. DibbleOhio Supreme Court · 1841

3Cited by22 opinions

  1. Perkins v. HaywardIndiana Supreme Court · 1892
  2. American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
  3. Simon v. Union Trust Co.Ohio Supreme Court · 1933
  4. Klein v. LustOhio Supreme Court · 1924
  5. Perrine v. Knights Templar's & Masons' Life Indemnity Co.Nebraska Supreme Court · 1904

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