Segal v. Eagle Building Co.

Ohio Circuit Courts

Segal v. Eagle Building Co.

21 Ohio C.C. Dec. 519

DecidedMay 21, 1907

StatusPublished

This text of 21 Ohio C.C. Dec. 519 (Segal v. Eagle Building Co.) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Segal v. Eagle Building Co., 21 Ohio C.C. Dec. 519 (Ohio Super. Ct. 1907).

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Opinion

GIFFEN, J.

As appears from the findings of fact the only question involved is whether, in a proceeding to sell real estate by an administrator to pay debts of decedent, heirs, who are idiots, are parties to the record' when not made parties to the petition but their legal guardian filed an answer in which she as such guardian expressly waived the issuing and service of summons upon her wards — admitted the allegations of the petition to be true and ask that the prayer of the petition be granted? We think they are such parties and bound by the sale made. Ewing v. Hollister. 7 Ohio (pt. 2) 138; Section 6143 Rev. Stat.

Judgment reversed and judgment for plaintiff in error.

Swing and Smith, JJ., concur.

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GIFFEN, J.

As appears from the findings of fact the only question involved is whether, in a proceeding to sell real estate by an administrator to pay debts of decedent, heirs, who are idiots, are parties to the record' when not made parties to the petition but their legal guardian filed an answer in which she as such guardian expressly waived the issuing and service of summons upon her wards — admitted the allegations of the petition to be true and ask that the prayer of the petition be granted? We think they are such parties and bound by the sale made. Ewing v. Hollister. 7 Ohio (pt. 2) 138; Section 6143 Rev. Stat.

Judgment reversed and judgment for plaintiff in error.

Swing and Smith, JJ., concur.

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Bluebook (online)

21 Ohio C.C. Dec. 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/segal-v-eagle-building-co-ohiocirct-1907.