RICE v. WHEELING DOLLAR SAVINGS & TRUST CO.

No. 32242.

99 N.E.2d 301 (1951)

155 Ohio St. 391

RICE et al. v. WHEELING DOLLAR SAVINGS & TRUST CO. et al.

Supreme Court of Ohio.

May 16, 1951.


Attorney(s) appearing for the Case

McKeehan, Merrick, Arter & Stewart and Walker H. Nye, all of Cleveland, Hall, Paul & Phillips, Wheeling, W. Va., and Francis, Irvine, Hayes & Cooper, Steubenville, for appellants.

McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, Cleveland and Hoppe, Day & Ford, Warren, for appellees.


ZIMMERMAN, Judge.

As this court views the matter, there are two controlling questions involved in this appeal. The first and probably more important is: Do the claims asserted by plaintiffs in their petition arise upon contract within the meaning and intent of Section 11819, General Code, so as to support the attachments? The second is: Where property has been attached as an incident of a civil action for the recovery of money, should a court entertain favorably motions...

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