Heller v. Greenberg

Citations

• 25 Ohio C.C. Dec. 603
• 16 Ohio C.C. (n.s.) 561
• 1907 Ohio Misc. LEXIS 403

Syllabus

<p>PARTIES — PLEADING.</p> <p>Substituted Defendant Answering to Merits Cannot Demur to Amended Petition for Defect of Parties.</p> <p>A defendant, substituted after the original defendant is dismissed, cannot after answering to the merits of the controversy, raise the question as to whether he was properly brought into the case, by demurring to the second amended petition on the ground that there was a defect of parties defendant, when the petition states a cause of action.</p>