Maryhew v. Yova
Ohio Supreme Court
1DissentClifford F. Brown, J.
The decision of the court in this case allows a party to a civil action to avoid the merits of such action by employing delaying tactics for a sufficient period of time to allow the statute of limitations to run. For the following reasons I find such an allowance by the court to be improper. Therefore I dissent.
The function of service of process is to alert a party of the pendency of a lawsuit against him. Service may be obtained in varied forms pursuant to Civ. R. 4 and the provisions of the Ohio Revised Code, such as R.C. 2703.14. It is a fundamental principle that no judgment can be…
2Cases cited12 opinions
- Miller v. LintOhio Supreme Court · 1980
- Akron-Canton Regional Airport Authority v. SwinehartOhio Supreme Court · 1980
- Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
- Blank v. BitkerCourt of Appeals for the Seventh Circuit · 1943
- Ames Nowell v. Iris Calder NowellCourt of Appeals for the Fifth Circuit · 1967
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