SMITH v. WAGNER

Nos. 773 and 774.

92 Ohio App. 531 (1952)

SMITH, APPELLANT, v. WAGNER, APPELLEE. (Two cases.)

Court of Appeals of Ohio, Wood County.

Decided June 23, 1952.


Attorney(s) appearing for the Case

Messrs. DiSalle, Green & Haddad and Mr. Ned W. Thomas, for appellant.

Mr. Paul E. Miller, for appellee.


FESS, J.

Each of the appeals are from entries in companion cases finding that the actions were "filed" more than two years after the accident had occurred, and dismissing the petitions. The accident, as a result of which the actions were instituted, occurred September 28, 1948. The petitions accompanied by praecipes for summons and deposits for costs were filed on September 28, 1950, but the summonses were not issued pursuant to the praecipes until September 29, 1950...

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