Legal Opinion

Bliler v. Deckard

Stark County Court of Common Pleas

Decided February 11, 1963No. 105235PublishedCited by 1 opinion

1Opinion of the CourtWeber, J.

Plaintiffs’ action is for money due under a written lease. Defendants filed a motion to order plaintiffs to attach a copy of the lease to the petition.

Section 2309.31, Revised Code, says:

“When the action or counterclaim is founded on an account or on a written instrument as evidence of indebtedness, *34a copy thereof must he attached to and filed with the pleading. — . ’ ’

Section 2309.32, Revised Code, says:

“In an action or counterclaim founded upon an account, or upon an instrument for the unconditional payment of money only, it is sufficient — -to set forth a copy of the account or instrument,…

2Cases cited4 opinions

  1. New York Life Insurance v. Universal Life InsuranceNew York Court of Appeals · 1882
  2. Village of Bay v. United States Fidelity & Guaranty Co.Ohio Court of Appeals · 1926
  3. Lynd v. CaylorOhio Superior Court, Cincinnati · 1855
  4. Aetna Life Ins. Co. v. KeyserOhio Court of Appeals · 1934

3Cited by1 opinion

  1. Powers v. CarsonSupreme Court of Oklahoma · 1977

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