Wherry v. Frolick

Citations

• 33 Ohio C.C. Dec. 647
• 22 Ohio C.C. (n.s.) 409
• 1907 Ohio Misc. LEXIS 453

Syllabus

<p>APPEAL — ASSIGNMENTS FOR CREDITS — PLEADING</p> <p>1. Pleading on Appeal from J. P. Asking More than Jurisdictional Amount Stricken from Files.</p> <p>In an action appealed from a justice of the peace, a cross-petition which asks for an amount in excess of the amount of which the justice would have had jurisdiction, should be stricken from the files.</p> <p>2. Assignment of Plaintiff during Pendency of Suit not Defense.</p> <p>An assignment by plaintiff for the benefit of creditors during the pendency of a suit is not a matter of defense and application of defendant for leave to file a supplemental answer setting up that fact is properly refused.</p>