Opinion

Baker v. McKnight

  • 4 Ohio St. 3d 125
  • 4 Ohio B. 371
  • 447 N.E.2d 104
  • 1983 Ohio LEXIS 679
Court
Ohio Supreme Court
Filed
Apr 13, 1983
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, Dahling, Eleventh, Holmes, Locher, Mahoney, Ninth, Sweeney
Cited by
56 cases

“[i]t is accepted law that an action may only be brought against a party who actually or legally exists”

How later courts described this case

  • “[i]t is accepted law that an action may only be brought against a party who actually or legally exists”
  • while adopting a theory allowing for correction of a misnomer for a deceased defendant

Written by the judges who cited it.

The opinion

Holmes, J.,

concurring in the dissent. I concur in this dissent, and particularly in respect to the commentary of Justice William B. Brown concerning the necessity of the highest court in the state to give reasonable credence to the legal principle of stare decisis. Such commentary is not only applicable to prior court interpretations of rules of procedure, but equally applicable to prior, but recent, determinations of the court concerning legislative enactments. The criteria should be that prior decisions of this court are not chiseled in stone, but yet should only be reversed or modified upon review if a sound and reasonable basis for such is presented. A contrary policy, as noted by Justice Brown, does a disservice to Ohio’s bench and bar. Here, there is an absence of a sound and reasonable basis to overrule existing Ohio case law on the issue.

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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