Masheter v. Welschenbach

Ohio Supreme Court

Masheter v. Welschenbach

355 N.E.2d 494, 48 Ohio St. 2d 8, 2 Ohio Op. 3d 31, 1976 Ohio LEXIS 696

CourtOhio Supreme Court

DecidedOctober 13, 1976

DocketNo. 75-1129

StatusPublished

Cited by1 cases

This text of 355 N.E.2d 494 (Masheter v. Welschenbach) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Masheter v. Welschenbach, 355 N.E.2d 494, 48 Ohio St. 2d 8, 2 Ohio Op. 3d 31, 1976 Ohio LEXIS 696 (Ohio 1976).

Pincite

Opinion

Per Curiam.

In the recent case of-Akron v. Gay (1976), 47 Ohio St. 2d 164, this court held that “[t]he restriction upon .extension of the answer ¡date contained in R. C.-163.-08 is jurisdictional. **■*”-.'

The Court of Common Pleas was, therefore/ without jurisdiction to modify the default judgment entered agaihst the landowners on June 19, 1970, following the failure of the landowners to file an answer within the time prescribed by law. ■ ^ ’

Accordingly, on authority of Akron v. Gay, supra, the judgment of the Court of Appeals is reversed and final judgment is entered for appellant Director of Highways.

Judgment reversed.

O’Neill, C.M:,’Herbert, Corrigan,- SterN,' Celebrezze, W. BrowN and P. Brown, JJ., concur.

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