Reugler v. Lilly

26 Ohio St. (N.S.) 48

Opinion

By the Court.

A judgment rendered against a husband and wife in a civil action, under section 7 of the act to provide against the evils resulting from the sale of intoxicating liquors, may, on error, be reversed as to tbe wife and affirmed as to the husband.

The cause of action under the statute is in the nature of a tort'. Persons contributing to the injury may be sued jointly or separately. 'When jointly sued, the recovery may be against all of the defendants or against part of them only; and the judgment recovered may be reversed as to some and affirmed as to others. Mead et al. v. McGraw, 19 Ohio St. 55.

Leave refused.