Hieatt v. Simpson

Citations

• 22 Ohio C.C. Dec. 447

Syllabus

<p>ERROR — PLEADING—TRIAL.</p> <p>1. On Remand Reversing Order Overruling Demurrer Court Below may Permit Amendment to Demurred Pleading.</p> <p>The circuit court, upon the Supreme Court’s having sustained a demurrer and remanding the case for further proceedings, may, under R. S. 5116 (Gen. Code 11365), allow an amendment to the pleading to which demurrer is sustained.</p> <p>2. Payment of Taxes under Mistake of Law with Knowledge of the Facts is Voluntary.</p> <p>The payment of taxes under a mistake of law with full knowledge of the facts, cannot, when made voluntarily, be recovered; hence, where an amendment to an answer contains facts sufficient to show a forfeiture by the life tenant, under R. S. 2852 (Gen. Code 5688) it is unnecessary to show how much taxes were so paid or whether other real efetate was forfeited to the remainderman so long as such amended answer states a good, though partial, defense.</p>