Rosenthal v. Sutton
Ohio Supreme Court
Motion for leave to file petition in error to reverse the judgment of the District Court of Logan county. In July, 1874, Meyer Steifel, a clothier, was, and for some time previous had been, in embarrassed circumstances-financially.
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Motion for leave to file petition in error to reverse the judgment of the District Court of Logan county. In July, 1874, Meyer Steifel, a clothier, was, and for some time previous had been, in embarrassed circumstances-financially. In 1873, John Sutton, one of the defendants in error, had. become surety for Steifel, to Watrous, Boyden & Co., on an undertaking in error, upon which suretyship he was compelled to pay, .April 1, 1874, $493.92. On a similar suretyship to Snediker, Watrous & Boyden, he was, at the same date, compelled to pay the further sum of $513.67. On similar suretyship to John…
1Opinion of the CourtGilmore, J.
First. Was the decree unauthorized for want of necessary parties and pleadings ?
Section 85 of the code provides as follows : “Any person may be made a defendant who has or claims an interest in the controversy, adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.”
Section 40 provides that: “The court may determine-any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a determination of the controversy can not be had without the…
2Cases cited1 opinion
- Mount v. StateOhio Supreme Court · 1846