Snider's Exrs. v. Young
Ohio Supreme Court
Error to the Circuit Court of Clark county. The defendants in error, among whom is one John Shuman, commenced an action in the court of common pleas of Clark county to contest the will of Martin Snider, deceased, the plaintiffs in error here being defendants there; and on the twenty-ninth day of February, 1904, a judgment was rendered by said court of common pleas, upon a verdict theretofore rendered, annulling the said will and the probate thereof, and adjudging the costs…
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Error to the Circuit Court of Clark county. The defendants in error, among whom is one John Shuman, commenced an action in the court of common pleas of Clark county to contest the will of Martin Snider, deceased, the plaintiffs in error here being defendants there; and on the twenty-ninth day of February, 1904, a judgment was rendered by said court of common pleas, upon a verdict theretofore rendered, annulling the said will and the probate thereof, and adjudging the costs against the defendants. On the twenty-third day of April, 1904, the defendants filed a petition in error in the circuit…
1Opinion of the CourtDavis, C. J.
A question is made in the record and argued by counsel, whether Shuman had entered his appearance to the petition in error in the circuit court. We think that he did not enter his appearance; and therefore the sole question in the ease is, whether or not the circuit court erred in refusing leave to the plaintiffs in error to make Shuman a party defendant, and in dismissing the case for the reason stated. If Smetters v. Rainey, 14 Ohio St., 287, is to stand as a correct statement of the law, then the judgment of the court below was right; but that case has been so frequently and continuously…
2Cases cited3 opinions
- Barber Asphalt Paving Co. v. BotsfordSupreme Court of Kansas · 1893
- Smetters v. RaineyOhio Supreme Court · 1862
- White v. RichmondOhio Supreme Court · 1847