State Automobile Mutual Insurance v. Lind
Ohio Supreme Court
1Opinion of the CourtDay, J.
Was the Court of Appeals right in reversing the common pleas court for refusing Lind the opportunity to explain the judgment recovered in the original action against Mersich as to the amount claimed and attempted to be proved for injury to the automobile?
We think the Court of Appeals did not err in that respect; that Lind’s attempt was not to collaterally attack such judgment, nor to impeach it, but that he had a right to explain such judgment, and that it was competent to offer extrinsic evidence not inconsistent with the record, and not impugning its verity, for the purpose of identifying…
2Cases cited12 opinions
- Flury v. Central Publishing House of Reformed Church in the United StatesOhio Supreme Court · 1928
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
- Lee v. Casualty Co. of AmericaSupreme Court of Connecticut · 1916
- Heller v. Standard Accident Ins.Ohio Supreme Court · 1928
- Reilly v. LindenSupreme Court of Minnesota · 1921
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3Cited by7 opinions
- Halkias v. Wilkoff Co.Ohio Supreme Court · 1943
- Finkle v. Western & Southern Life InsuranceOhio Court of Appeals · 1960
- Decker v. KolledaOhio Court of Appeals · 1937
- Blanton v. Northwestern National Insurance Co. of MilwaukeeCourt of Appeals for the Ninth Circuit · 1964
- Deaven v. Baumgardner, Pennsylvania Court of Common Pleas, Cumberland County1947
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