Legal Opinion
Smith v. Wagner
Ohio Court of Appeals
Decided June 23, 1952No. 773 and 774PublishedCited by 5 opinions
1Opinion of the CourtFess, J.
Each of the appeals are from entries in companion cases finding that the actions were “filed” more than two years after the accident had occurred, and dismissing the petitions. The accident, as a result of which the actions were instituted, occurred September 28, 1948. The petitions accompanied by praecipes for summons and deposits for costs were filed on September 28, 1950, but the summonses were not issued-pursuant to the praecipes until September 29, 1950.
“A civil action must be commenced by filing in. the office of the clerk of the proper court a petition, and causing a summons to be…
2Cases cited6 opinions
- Feigi v. LopartkovitchOhio Court of Appeals · 1930
- Coughlin v. Passionist Monastery of the Holy CrossOhio Court of Appeals · 1938
- Zakrzewski v. LenczyckiOhio Supreme Court · 1935
- Landrum v. Fulton, Supt. of BanksOhio Court of Appeals · 1933
- Byers v. ApplemanOhio Court of Appeals · 1935
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Witort v. United States Rubber Co.Connecticut Appellate Court · 1966
- Lehman v. Horning, a MinorOhio Court of Appeals · 1955
- Webb v. ChandlerOhio Court of Appeals · 1959
- Flack v. FlackCalifornia Court of Appeal · 1988
- Bobo v. BellOhio Court of Appeals · 1959