Allstate Insurance v. Dorsey
Ohio Court of Appeals
1ConcurrenceGeorge, J.
When statutory law is enacted in an area previously covered by the common law, the statutory law supersedes the common law, but only to the extent that its language specifically provides. State, ex rel. Morris, v. Sullivan (1909), 81 Ohio St. 79, 90 N.E. 146, paragraph three of the syllabus. Thus, where a legislative Act is silent, the common law persists. And where the common law has neither been modified nor abrogated by statute, the common law has the same force and effect as a statute. Schwindt v. Graeff (1924), 109 Ohio St. 404, 407, 142 N.E. 736, 737.
In the Landlord and Tenant Act, the…
2Cases cited2 opinions
- Schwindt v. GraeffOhio Supreme Court · 1924
- Ohio Casualty Insurance Co. v. WillsOhio Court of Appeals · 1985