State Ex Rel. Sunderman v. Barber

By the Court.

Paragraphs numbered 2, 28 and 4 of the prohibition petition read:

“2. Relator says that he is one of the defendants in a certain action now pending, for foreclosure of real estate mortgage, filed by the Peoples Bank Company of Port Recovery, Ohio, against Henry Sunderman (now deceased, father of relator), and others on May 22, 1934, being case No. 12494 on the docket of the Court of Common Pleas of Mercer county.”

“28. Relator says that the Common Pleas Court on July 6, 1934, made an order granting relator further time to plead in said action, but unfortunately through oversight of…