City of Cincinnati v. Bossert Machine Co.

I dissent for the reasons set out in the syllabus of the opinion of the Hamilton County *80Court of Appeals in this case reported in 14 Ohio App. 2d 35.

Section 2309.42 of the Revised Code reads:

“Upon such terms as are just, the court, or a judge thereof in vacation, for good cause shown, may extend the time for filing any pleading.”

The foregoing statute has been the law of Ohio without substantial change since 1851. It recognizes the inherent power of a court to do all things necessary to the administration of justice and to protect its own powers and processes and the rights of those who invoke…