Stuard v. Porter

Citations

• 79 Ohio St. (N.S.) 1

Syllabus

<p>Action against insane person for'wrongful death — May be brought, where — Guardian may be joined — Service on insane party— Error to quash service, when.</p> <p>1. An action against an insane defendant to recover damages for wrongful death may be brought in the county where the insane defendant has his legal residence; and his legally appointed guardian may be joined with him as a party defendant.</p> <p>2. Where in such case the guardian waived the issue and service of process and entered his appearance, and summons was issued to another county for the insane defendant and the same was personally served upon him by the sheriff of such county, and subsequently the plaintiff dismissed the action as to the guardian only, it is error for the court to quash the service on the insane defendant and to dismiss the action for want of jurisdiction over his person.</p>