Archdeacon v. Cincinnati Gas & Electric Co.

Citations

• 76 Ohio St. (N.S.) 97

Syllabus

<p>Amendments to pleadings — May be allowed, though out of rule when — Action for zvrongftil death — Amended answer admits, huhat — Qualification of administrator — Relates back to time of appointment — Validates commencement of action by administrator.</p> <p>1. Amendments to pleadings sought to be made out of rule should be allowed only in furtherance of justice.</p> <p>2. Where, in a suit by an administrator to recover for wrongful death, the answer in terms admits that the plaintiff is the duly appointed and qualified administrator of the deceased, and the case being reached for trial more than two years after the death, the defendant asks leave to amend the answer by a denial of the due appointment and qualification of the plaintiff as administrator, for the' purpose only of interposing the two years bar of the statute, such leave, not being in furtherance of justice, should be refused.</p> <p>3. Where, in such case, the amended answer in terms reaffirms all the allegations of the original answer except that plaintiff was duly qualified as administrator, and then avers only that he was at a subsequent date (more than two years after the death) duly appointed and qualified, the legal effect is to leave in force the admission in the original answer of due appointment at the commencement of the suit.</p> <p>4. The general rule that the due qualification of an administrator relates back to the time of his appointment as regards acts done by him in the interim which are for the benefit of the estate, applies to a case of this character. The commencement of the suit by the administrator, therefore, being for the benefit of the estate, was the valid commencement of an action.</p>