Legal Opinion
Robinson v. Engle, Admx.
Ohio Court of Appeals
Decided November 21, 1953No. 539PublishedCited by 6 opinions
1Opinion of the CourtHornbeck, J.
This is an appeal on questions of law from an order of the Common Pleas Court refusing to permit plaintiff to withdraw his oral motion to dismiss his case without prejudice.
Pour errors are assigned.
1. Error in the overruling of plaintiff’s motion for leave to withdraw his oral motion for leave to dismiss without prejudice and order said case to be set for trial.
2. In refusing to hold the defendant had waived the defense of failure to present the claim to the administratrix under Sections 10509-112 and 10509-134, General Code.
3. In granting plaintiff’s previous oral motion and in dismissing…
2Cases cited4 opinions
- Pierce v. Johnson, Exr.Ohio Supreme Court · 1939
- Beach v. MiznerOhio Supreme Court · 1936
- Prudential Ins. v. Joyce Building Realty Co.Ohio Supreme Court · 1944
- Prudential Insurance v. Joyce Building Realty Co.Ohio Court of Appeals · 1943
3Cited by6 opinions
- In Re Estate of FisherOhio Court of Appeals · 1983
- Simmons v. Bartley, Court of Common Pleas of Ohio, Franklin County, Civil Division1960
- Estate of Grilli v. Smith, 07-Ca-51 (6-23-2008)Ohio Court of Appeals · 2008
- Fortelka v. Meifert, Admx.Ohio Court of Appeals · 1963
- Freyer v. Aurora, Elgin & Chicago Railway Co.Appellate Court of Illinois · 1905
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