Whaley v. Swisher Coal Co.

Meigs County Court of Common Pleas

Whaley v. Swisher Coal Co.

191 N.E.2d 740, 91 Ohio Law. Abs. 63, 1960 Ohio Misc. LEXIS 203

CourtMeigs County Court of Common Pleas

DecidedDecember 22, 1960

DocketNo. 13042

StatusPublished

This text of 191 N.E.2d 740 (Whaley v. Swisher Coal Co.) is published on Counsel Stack Legal Research, covering Meigs County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whaley v. Swisher Coal Co., 191 N.E.2d 740, 91 Ohio Law. Abs. 63, 1960 Ohio Misc. LEXIS 203 (Ohio Super. Ct. 1960).

Pincite

Opinion

Bacon, J.

Defendant “moves the court to quash summons and service thereof, for the reason that said summons was not rightly issued to the Sheriff of Gallia County, Ohio, and could not be lawfully served by said sheriff. ’ ’

Has not defendant’s very motion placed it within the rule of Handy v. Insurance Co., 37 Ohio St., 366, a case apparently never overruled?

Defendant’s objection is not to the mode or manner of service of summons as made upon it by the Sheriff of Gallia County, but is aimed solely at venue.

Ordinarily, jurisdictional facts do not have to be pleaded in a court of general jurisdiction. Generally, however, facts are alleged in the plaintiff’s petition showing that the proper venue is laid. 40 Ohio Jurisprudence, 1162, Venue, Section 6.

Plaintiffs are granted until December 31, 1960 to file an amended petition to include the facts averred in their affidavit filed September 10, 1960, and the defendant is granted until January 14,1961 to plead thereto.

Free access — add to your briefcase to read the full text and ask questions with AI