holding that savings statute does not apply when parties in original action differ from those in new action
How later courts described this case
- holding that savings statute does not apply when parties in original action differ from those in new action
- savings statute can only be invoked when original action and new action are substantially the same; actions are not substantially the same where parties in the new action and the original action are different
- “Ordinarily, a cause of action does not accrue until actual damage occurs.... [The] cause of action for recovery of amounts wrongfully withheld, therefore, did not accrue until the money was actually withheld .... ” (citation omitted)
- “The savings statute applies when the original suit and the new action 16 OHIO FIRST DISTRICT COURT OF APPEALS are substantially the same.”
Written by the judges who cited it.
The opinion
Holmes, J.,
concurring. I concur in the judgment. However, I do so on the basis of my belief that R. C. 2305.19 does not apply to actions brought in the Court of Claims. Rather, these are controlled solely by R. C. 2743.16.