Meredith v. Butler Manufacturing Co.

Citations

• 26 Ohio C.C. Dec. 241
• 24 Ohio C.C. (n.s.) 156

Syllabus

<p>JUDGMENTS AND DECREES.</p> <p>Vacation of Joint Judgment Entered without Personal Representative of Joint Defendant Dying after Submission.</p> <p>The vacation of a joint judgment as to one of the joint judgment debtors vacates it as to all, where the subject-matter of the action is such that the plaintiff could not have prosecuted several actions; and a trial court in such a case, a prima facie case having been tendered, should grant a vacation as to all the defendants but suspend the order pending a new trial on the merits.</p> <p>[Syllabus by the court.]</p>