Legal Opinion

Smetters v. Rainey

Ohio Supreme Court

Decided December 15, 1862PublishedCited by 7 opinions

Motion to dismiss petition in error for want of proper parties The record shows that an action was brought, in the court of common pleas of Fairfield county, against David Harris, William L. Jeffries and Solomon Smetters, as makers, and Andrew J. Dildine, as indorser, of a promissory note. Smet-ters alone made defense; and there was a demurrer to his answer, which was sustained, and thereupon a judgment was rendered against all the parties.

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Motion to dismiss petition in error for want of proper parties The record shows that an action was brought, in the court of common pleas of Fairfield county, against David Harris, William L. Jeffries and Solomon Smetters, as makers, and Andrew J. Dildine, as indorser, of a promissory note. Smet-ters alone made defense; and there was a demurrer to his answer, which was sustained, and thereupon a judgment was rendered against all the parties. Smetters filed a petition in error, in the district court, to reverse this judgment; to which petition Harris, Jeffries and Dildine were not made parties,…

1Opinion of the Court

Bv the Court

It is convenient, and will tend to prevent multiplicity of suits and unnecessary labor to the court, that, in a proceeding in error, all the parties interested in the judgment, which it is sought to reverse, should be brought before the court,' so that the affirmance, reversal or modification of the judgment, when made, shall bind all the parties. It is, moreover, evident that the judgment in this case, as it now stands, is less prejudicial to the parties not joined in the petition in error than it would be if modified so as to relieve the plaintiff in error from its operation;…

2Cited by7 opinions

  1. Stettauer Bros. v. Carney & StevensSupreme Court of Kansas · 1878
  2. Young v. Meyers, Jr., Exr.Ohio Supreme Court · 1931
  3. Hammond v. HammondOhio Supreme Court · 1871
  4. Smetters v. RaineyOhio Supreme Court · 1863
  5. Snider's Exrs. v. YoungOhio Supreme Court · 1905

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