Porter v. Fenner

No person should be denied the assertion of a cause of action on captious or purely technical grounds and thereby be deprived of his 1 ‘ day in court. ’ ’ To circumvent such a situation, Section 1.11, Revised Code, provides:

“Remedial laws and all proceedings under them shall be liberally construed in order to promote their object and assist the parties in obtaining justice. * * *”

And Section 2309.58, Revised Code, states:

“Before or after judgment, in furtherance of justice and on such terms as it deems proper, the court may amend any pleading, process, or proceeding, by adding or striking out…