Swigerd v. Deck

Citations

• 26 Ohio C.C. Dec. 301
• 20 Ohio C.C. (n.s.) 31
• 1912 Ohio Misc. LEXIS 276

Syllabus

<p>APPEAL — EXEMPTIONS—JUDGMENTS—-PLEADING.</p> <p>1. Entry Construed Personal Judgment Upon Sustaining Allegations Of Cross Petition Praying Personal Judgment.</p> <p>Where the only thing sought by a cross petitioner is a personal judgment, and the court finds the allegations thereof to be true and determines that the defendant should recover from the plaintiff a specified sum on his cross petition with interest and costs, the entry will be construed to be a personal judgment.</p> <p>2. Plaintiff on Appeal from Justice Court Permitting Final Judgment Cannot Set up Claim Against Proceeding to Enforce Judgment.</p> <p>It is the duty of a plaintiff whose case has been appealed from a justice of the peace to file a petition setting forth his claim, and where he fails so to do and permits final judgment to be entered upon the claim set forth in the cross petition, it is too late for the plaintiff to set up his claim in an action thereafter brought to enforce payment of the judgment entered upon the cross petition.</p> <p>3. Property not Occupied by Parties not Subject to Homestead Exemption.</p> <p>The claim can not be maintained that property which it is sought to subject to payment of a debt is a family homestead, where it appears that the debtor and his family have not occupied the property for three or four years and during a portion of that time a cbntract was in existence wherein they agreed to sell the premises.</p> <p>[Syllabus by the court.]</p>