Employers Liability Assur Corp. v. Scott

BY THE COURT:

The gist of the motion in this case is to dismiss the petition in error because plaintiff in error has not made his co-defendant below a party to the proceedings in error. If Smetters vs Raney, 14 OS. 287, were in full force and effect the motion would have to be sustained. The Supreme Court however, in Sniders Executors vs Young, 72 OS. 494, has expressly overruled the second and third paragraphs of the syllabus in the Smetters case, and in Clark *62vs Clark, 110 OS. 644, on page 658, has reiterated its position. In the Snider case it was held that where such a defect as that now…