Huff v. Davison

The summons and complaint were against three administrators. Service was effected on one, and the other two were not found. The judgment was taken against the one served. This operated as a discontinuance as to those not served. It is claimed by the appellant that there was a discontinuance of the entire action.

Section 2551 of the Revised Code provides, that service of the summons on one of two or more executors or administrators is sufficient for all. All who have qualified are required to be sued, if within the jurisdiction of the court. The judgment must be taken against all who are sued,…