E. A. Rosenham Co. v. Cohen & Mack

Citations

• 22 Ohio C.C. Dec. 637

Syllabus

<p>ATTACHMENT — PROCESS.</p> <p>1. Affidavit for Attachment against Corporation as Nonresident of County not Defective though a Foreign Corporation.</p> <p>An affidavit averring that defendant corporation is nonresident of the 'county, prescribed by Gen. Code 10253 as a ground for attachment, is not defective in omitting to aver defendant’s failure to comply with the reouirements of Gen. Code 183 as to the filing by foreign corporations of certain statements with the secretary of state.</p> <p>2. Separate Returns on Attachment and Summons Reading Together Constitute Lawfui. Service of Summons.</p> <p>Separate returns on an order of attachment and summons, issued together under Gen. Code 10262 and so returned by the constable, may be read and construed together as showing a lawful service of summons within the meaning of Gen. Code 10244.</p> <p>3. Service mat be Had on Secretary of Nonresident Corporation as “Managing Agent” if no Other Chief Officer be Pound in County.</p> <p>Service in attachment against a nonresident corporation, to whom debts are owing in the county as prescribed by Gen. Code 112-76, may be had on a secretary or agent thereof under Gen. Code 10238 if no other chief officer can be found in such county.</p> <p>[Syllabus approved by the court.]</p>