Smetters v. Rainey
Ohio Supreme Court
Error, to the court of common pleas of Fairfield county. Reserved in the district court. Motion to quash petition in error. Rainey and Julian, two of the defendants in error, .brought an action in the court of common pleas of Fairfield county, under the statute,against Harris, Jeffries and Smetters, maters, and Dildine, indorser of a promissory note. Smetters alone made defense.
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Error, to the court of common pleas of Fairfield county. Reserved in the district court. Motion to quash petition in error. Rainey and Julian, two of the defendants in error, .brought an action in the court of common pleas of Fairfield county, under the statute,against Harris, Jeffries and Smetters, maters, and Dildine, indorser of a promissory note. Smetters alone made defense. His answer was demurred to, the demurrer sustained, and thereupon a joint judgment was rendered against all the defendants in the action. Shortly after the rendition of judgment, Smetters filed his separate petition…
1Opinion of the CourtPeck, C.J.
When this cause, as between the parties to the original petition, was before us at the last term (13 Ohio St. Rep. 568), it was substantially determined that Harris, Jeffries and Dildine were necessary parties to a petition to reverse the judgment rendered jointly against them and the original plaintiff in error. Nothing short of such necessity could, under the circumstances, have warranted a dismissal of the petition unless they were made parties thereto, and a saving to the defendants, after such amendment, of the right to interpose the statutory bar.
The reasons creating such necessity, are…
2Cases cited1 opinion
- Smetters v. RaineyOhio Supreme Court · 1862