Harris v. O'Connell

Citations

• 85 Ohio St. (N.S.) 136

Syllabus

<p>Limitations of actions by creditors — Provisions of section 6113, Revised Statutes — Suit against administrator — Must be within two years — After his giving bond, etc. — Though commenced within six months after rejection of claim.</p> <p>The provision of section 6113, Revised Statutes, to the effect that an administrator who has given due notice of his appointment cannot be held to answer the suit of a creditor unless it be commenced within two years from the time of his giving bond, applies to a case where the claim, if owing, was due at the death of the decedent, and has not been allowed by the administrator, but has been rejected; and a suit upon such claim will be defeated by a plea of the two years’ statute of limitations if not commenced within two years from the giving of such bond although it may have been commenced within six months after the rejection of such claim, and although the claim was presented to the administrator within the period of two years from the time of his giving bond. Speidel v. Phillips, 78 Ohio St., 194, distinguished.</p>