Crosby v. Sandusky Gas & Elec. Co.

Citations

• 27 Ohio C.C. Dec. 110
• 24 Ohio C.C. (n.s.) 247
• 1912 Ohio Misc. LEXIS 400

Syllabus

<p>ATTACHMENT AND GARNISHMENT.</p> <p>Wildman, Kinfcade and Richards, JJ.</p> <p>1. Question of Ownership of the. Property Attached Can Not be Raised on Motion to Discharge the Attachment.</p> <p>A claim by the defendant in a suit in attachment that the property attached belongs to another can not be determined on motion to discharge the attachment.</p> <p>2. Right to Exemption Not Acquired by Subsequent Marriage.</p> <p>The marriage of the defendant, after the attachment is levied . but before sale of the property, does not afford ground for the claim that the property is exempt from attachment.</p> <p>3. Question as to Right of Appeal Waived by Trial on Merits.</p> <p>Any question as to the right of appeal from an order of the</p> <p>justice of the peace discharging the attachment is waived by going to trial in the common pleas court on the merits without raising the objection.</p> <p>[Syllabus by the court.]</p>