Weirick v. Mansfield Lumber Co.

Citations

• 96 Ohio St. (N.S.) 386

Syllabus

<p>Construction of remedial statutes—In obtaining justice — Section 10214, General Code — Attachment—Form of return—Section 11836, General Code—Court may not amend statute — Addition to return not 'essential, when.</p> <p>1. Remedial statutes require a liberal construction and a liberal application to the facts of any given case.</p> <p>2. Statutes pertaining to attachment and the procedure incident thereto are of a remedial nature.</p> <p>3. To reenforce this general rule the general assembly of Ohio has specially enacted Section 10214, General Code, providing that “The provisions of -part third and all proceedings under it, shall be liberally construed, in order to promote its object, and assist the parties in obtaining justice.” Thereafter the general assembly made all the statutes pertaining to attachment a part of such “part third.”</p> <p>4. The return made upon the writ of attachment is governed by Section 11836, General Code, in which certain things “must” be shown. ■ The legislature having specified those things a court is not authorized to amend the statute by adding thereto. That is, as applied to this particular case, an amendment to the return showing that a copy of the order was left with the owner is not essential to the validity of the return.</p>