Legal Opinion

Askin Stores, Inc. v. Bender

Ohio Court of Appeals

Decided February 19, 1940No. 5671PublishedCited by 2 opinions

1Opinion of the Court

OPINION

By MATTHEWS, J.

This is a proceeding in aid of execution.

The trial court dismissed the proceeding for failure to make demand prior to the commencement of the proceeding, as required by §10272, GC.

It appears from the bill of exceptions that the judgment creditor sent by registered mail to the judgment debt- or’s usual place of residence a notice in due form, in an envelope upon wnich was the direction to return it to the sender in three days. Return receipt of the letter, signed by debtor, was requested by notation on the envelope.

The unopened letter was returned and endorsed…

2Cited by2 opinions

  1. prod.liab.rep. (Cch) P 15,153 George Pavlik, Administrator of the Estate of Stephen Michael Pavlik George Pavlik, in His Own Right v. Lane Limited/tobacco Exporters International, Third-Party v. Keen (World Marketing) Limited George Pavlik Regina Pavlik, H/w, Third-Party George Pavlik, Administrator of the Estate of Michael Pavlik and George Pavlik, in His Own Right, in No. 97-1121. George Pavlik, Administrator of the Estate of Stephen Michael Pavlik, in His Own Right, in No. 97-1199 v. Keen (World Marketing) LimitedCourt of Appeals for the Third Circuit · 1998
  2. Delk v. Colonial Finance Co.Ohio Court of Appeals · 1963

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