Snider's Exrs. v. Young

Citations

• 72 Ohio St. (N.S.) 494

Syllabus

<p>Same plaintiffs in joint judgment — Made parties defendant in error — Appearance effected hy service within statutory limit —Proceedings deemed commenced as to all parties at interest — Statute of limitations — Court may add names of omitted defendants — Court proceedings — Pleadings.</p> <p>1. When some of tbe plaintiffs in a joint judgment are made parties defendant to a petition in error to reverse tbe judgment and their appearance in the proceeding has been effected by service of process or otherwise, within the statutory limit for commencing proceedings in error, the proceedings must be deemed commenced, not only as to such defendants, but also as to all other persons united in interest with them, so as to stop the running of the statute of limitations in favor of such other persons who are not made defendants.</p> <p>2. The court in such case may amend the proceedings by adding to the petition in error as defendant thereto the names of the persons who had been omitted, and causing service to be duly made on such persons, although application for such amendment has not been made, or such defect of parties has not been brought to the notice of the court, until after the statutory period for commencing proceedings in error has elapsed.</p> <p>3. The second and third propositions of the syllabus in Smetters v. Rainey, 14 Ohio St., 287, are overruled.</p>