State ex rel. Fulton v. Blackburn

Ohio Court of Appeals

State ex rel. Fulton v. Blackburn

26 Ohio Law. Abs. 381

CourtOhio Court of Appeals

DecidedJuly 1, 1937

DocketNo 16006

StatusPublished

This text of 26 Ohio Law. Abs. 381 (State ex rel. Fulton v. Blackburn) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Fulton v. Blackburn, 26 Ohio Law. Abs. 381 (Ohio Ct. App. 1937).

Pincite

Opinion

OPINION

By THE COURT

The governing statute of limitation is §10509-144, GC, and not §§10509-112 and 10509-134, GC, nor §10509-133 GC, the claimed superadded liability having been only contingent and not a provable claim until the assessment was made.

51 Oh Ap page 61 (18 Abs 482) syllabus 1.

Want of plea of the bar of the applicable statute does not preclude its enforcement.

2 Ohio C. C. Reports 140.

We find no error and the judgment will be affirmed at the costs of the defendants [382]*382and the cause remanded for execution. Exceptions may be saved.

GUERNSEY, PJ, CROW and KLINGER, JJ, concur.

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