SUMMERS v. CONNOLLY

No. 33143.

159 Ohio St. 396 (1953)

SUMMERS ET AL.; McGOVERN, APPELLANT, v. CONNOLLY, ADMR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 13, 1953.


Attorney(s) appearing for the Case

Mr. William P. Barnum and Mr. W. E. Stankiewicz, for appellant.

Messrs. Schermer, Goldstein & Millstone, for appellees.


MIDDLETON, J.

The appellant makes three claims of error: The first is that the Court of Appeals was without authority to render final judgment against the plaintiffs below—particularly against Bridget McGovern. The second and third are basically the same. They challenge the decision of the Court of Appeals that the outlawed note can be set off against the distributive share of the heir, Bridget McGovern. That is the real question at issue. The McGovern note...

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