Goehring v. Dillard

Appellant presents two principal questions: (1) Upon the death of a defendant and the revivor of the action against his administrator, is the plaintiff required to present his claim in writing to the administrator, for allowance or rejection, within the four-month period provided for in Section 10509-112, General Code? (2) Does the plaintiff have the right to offer the deposition of a deceased defendant, which deposition was taken by plaintiff as upon cross-examination, and thereafter testify as to the same matters contained in the deposition? The answers to these questions are to be found in…