Opinion

Brown & Ketcham Iron Co. v. L. P. Hazen & Co.

20 Ohio C.C. Dec. 490
11 Ohio C.C. (n.s.) 48
1908 Ohio Misc. LEXIS 148

Court: Hamilton Circuit Court
Filed: Jan 4, 1908
Status: Published
Author: Smith
On the bench: Oiffln, Smith, Swing
Cited by: 0 cases

The opinion

SMITH, J.

Upon the authority of Ward v. Ward, 10 Circ. Dec. 656 ( 20 R. 136 ), we are of the opinion that the affidavit for attachment filed herein was void. This being so, did the giving of a bond by the defendant below to discharge the attachment have the effect of submitting the defendant to the jurisdiction of the court? We think not. See Saxton v. Plymire, 2 Circ. Dec. 118 ( 3 R. 209 ). The court therefore erred in overruling the motion of plaintiff in error to discharge the attachment, and said judgment is reversed.

Swing and Oiffln, JJ., concur.

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