Reynolds v. Green
Ohio Superior Court, Cincinnati
Error to Special Term. — This is an action to enforce the lien of an assessment on real estate of the defendant, situated on Eront street, for grading and paving. The petition was filed on March 1, 1867, and a demurrer thereto sustained. An amended petition was filed November 16, 1869, to which a general demurrer was filed, on the ground that the petition disclosed the fact that the claim sued on was barred by the statute of limitations.
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Error to Special Term. — This is an action to enforce the lien of an assessment on real estate of the defendant, situated on Eront street, for grading and paving. The petition was filed on March 1, 1867, and a demurrer thereto sustained. An amended petition was filed November 16, 1869, to which a general demurrer was filed, on the ground that the petition disclosed the fact that the claim sued on was barred by the statute of limitations. On the day of the filing of the original petition, a summons was issued, and returned “ not found.” Service by publication was then had, the first notice…
1Opinion of the CourtHagans, J.
By section 20 of the Code (2 S. & C. 949), “ an action shall be deemed commenced within the meaning of this title, as to each defendant, at the date of the summons which is served on him, or a co-defendant who is a joint contractor, or otherwise united with him in interest. Where service by publication is proper, the action shall be deemed commenced at the date of the first publication, which publication shall be regularly made.”
There is but one defendant, and no summons was served upon him. The first publication was made November 30, 1867. The cause of action accrued November 20, 1861, when…
2Cases cited1 opinion
- Ridenour v. SaffinOhio Superior Court, Cincinnati · 1855