Kirby v. Cole

Rogers, Judge.

{¶ 1} Defendant-appellant, Elmer Cole, appeals a judgment of the Municipal Court of the City of Tiffin, Small Claims Division, granting judgment for plaintiffappellee, Steven Kirby, in the amount of $1,146.54 plus costs. On appeal, Cole asserts that the municipal court erred in not considering his affirmative defense that Elmco Trucking, Inc. was the proper defendant. Additionally, Cole asserts that the municipal court’s judgment was against the manifest weight of the evidence. Finding that the municipal court erred in rendering judgment against Cole when Elmco Trucking, Inc.…