American Audit Co. v. Miller

Hamilton Circuit Court

American Audit Co. v. Miller

11 Ohio C.C. (n.s.) 368, 1907 Ohio Misc. LEXIS 342

DecidedDecember 28, 1907

StatusPublished

This text of 11 Ohio C.C. (n.s.) 368 (American Audit Co. v. Miller) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Audit Co. v. Miller, 11 Ohio C.C. (n.s.) 368, 1907 Ohio Misc. LEXIS 342 (Ohio Super. Ct. 1907).

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Opinion

We think that the Court of Common Pleas had no power to render a judgment for $6,500, on June 13, 1907.

Section 5034, Revised Statutes, provides “that when the action is for money only, there shall be endorsed on the writ the amount to be stated in the precipe for which with interest judgment will be taken if the defendant fails to answer, and if he fails to appear judgment shall not be rendered for a larger amount and the costs. ’ ’

In this case the amount 'endorsed on the summons w-as $5,900. The court was without jurisdiction to render judgment for an amount greater than was endorsed on the .summons (35 O. S., 107); and this could not be cured by an offer to remit.

The action of the. court, in setting this judgment aside at a subsequent term was right.

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We think that the Court of Common Pleas had no power to render a judgment for $6,500, on June 13, 1907.

Section 5034, Revised Statutes, provides “that when the action is for money only, there shall be endorsed on the writ the amount to be stated in the precipe for which with interest judgment will be taken if the defendant fails to answer, and if he fails to appear judgment shall not be rendered for a larger amount and the costs. ’ ’

In this case the amount 'endorsed on the summons w-as $5,900. The court was without jurisdiction to render judgment for an amount greater than was endorsed on the .summons (35 O. S., 107); and this could not be cured by an offer to remit.

The action of the. court, in setting this judgment aside at a subsequent term was right.

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Bluebook (online)

11 Ohio C.C. (n.s.) 368, 1907 Ohio Misc. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-audit-co-v-miller-ohcircthamilton-1907.