Smitheron v. Owens

Ohio Supreme Court

Smitheron v. Owens

1 Wright 574, 1 Ohio Ch. 574

DecidedMay 15, 1834

StatusPublished

This text of 1 Wright 574 (Smitheron v. Owens) 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

Smitheron v. Owens, 1 Wright 574, 1 Ohio Ch. 574 (Ohio 1834).

Pincite

Opinion

BY THE COURT.

There was no appearance of the defendant below, and the plaintiff proceeded at his peril. It is true, the law ■declares a defendant who is served with process in court, for certain purposes, A plaintiff may prosecute the suit he has brought, to judgment, but he cannot substitute another for it. The judgment is reversed, with costs, and remanded back to be reinstated at the return of the writ, and for further proceedings.

[Summons, how waived; Whitehead v. Post, 3 W. L. M. 195. 200.]

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BY THE COURT.

There was no appearance of the defendant below, and the plaintiff proceeded at his peril. It is true, the law ■declares a defendant who is served with process in court, for certain purposes, A plaintiff may prosecute the suit he has brought, to judgment, but he cannot substitute another for it. The judgment is reversed, with costs, and remanded back to be reinstated at the return of the writ, and for further proceedings.

[Summons, how waived; Whitehead v. Post, 3 W. L. M. 195. 200.]

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Bluebook (online)

1 Wright 574, 1 Ohio Ch. 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smitheron-v-owens-ohio-1834.