Paulin v. Sparrow

Citations

• 91 Ohio St. (N.S.) 279

Syllabus

<p>Jurisdiction — Lawful exercise presumed, when — Service of summons — Defective return — Jurisdiction of parties not defeated, when — Return may be amended, when — Judgment as to amendment final, when — Evidence and collateral suit.</p> <p>1. Where it does not otherwise affirmatively appear from the record, it will he presumed that a court of general jurisdiction regularly acquired and lawfully exercised its jurisdiction over the parties.</p> <p>2. Where a defendant has been duly and legally served with summons, a defective return by the officer making the service does not defeat the jurisdiction of the court over the person of a defendant legally served with process.</p> <p>3. A court has the authority to order the return of process amended in accordance with the facts relating to such service either before judgment or at any time after judgment that the evidence is available to establish the facts upon which the judgment of the court ordering the return amended is predicated.</p> <p>4. Where a defendant seeks to amend the return of the officer serving the process by striking out Certain matters and things stated therein in relation to the/ service thereof, and the court upon the evidence offered finds against the defendant and refuses to order the amendment, such judgment is final and conclusive upon the defendant until reversed, vacated or set aside by a court of competent jurisdiction, and the defendant cannot introduce evidence upon that issue or relitigate that question in a collateral suit.</p>