Opinion

Maxen v. Brogle

  • 16 Ohio Law. Abs. 555
  • 1934 Ohio Misc. LEXIS 1346
Court
Ohio Court of Appeals
Filed
Feb 15, 1934
Status
Published
Author
Stevens
On the bench
Funk, Stevens, Washburn
Cited by
3 cases
Authority
More cited than 77.8%

The opinion

*556 OPINION

'By STEVENS, J.

The only question here presented is whether or not the Municipal Court of Akron has jurisdiction to hear an action in forcible detainer concerning property sold on contract, where the contract by its terms gives to the vendor, in. case of default, an express right to declare the contract void, and a right to re-enter and repossess said premises.

That question has been fully and clearly answered in the case of. State ex v Miller, 43 Oh Ap, 173, ( 12 Abs 459 ), wherein it was said;

“1. Columbus municipal court held to have jurisdiction of vendor’s forcible detainer action against defaulting purchaser, where contract provided for vendor’s repossession, without notice, on purchaser’s default.”

See also Brown, Gdn. v Burdick, 25 Oh St 260, at pp. 269 and 270.

We are unanimously of the opinion that the Municipal Court erred in sustaining defendants’ demurrer.

For error in sustaining said demurrer, the judgment of the Municipal Court is- reversed, and this cause remanded for further proceedings according to law.

WASHBURN, FJ, and FUNK, J, concur in judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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