Hadley v. Ellis

Citations

• 18 Ohio C.C. Dec. 122
• 7 Ohio C.C. (n.s.) 313

Syllabus

<p>ERROR — DEBTOR AND CREDITOR.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>In Suit as to Ownership of Disputed Fund, Judgment against Debtor is Eeboneous aftep. Dismissal oe Claimant eos Lack of Seevice.</p> <p>In a suit involving the ownership of a certain fund, in which the debtor admits the validity of the claim and that the amount in question is due, hut alleges that a controversy exists as to the division to be made thereof, and offers to pay the same into court pending the determination of the equities in the case, and one of the parties to such controversy is dismissed from the action on a motion to quash the service of summons, a judgment thereafter given on the pleadings against such debtor will be erroneous. '</p> <p>[Syllabus approved by the court.]</p>