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RABIN v. HORSTMAN

No. 2273.

99 Ohio App. 217 (1954)

RABIN, APPELLANT, v. HORSTMAN, APPELLEE.

Court of Appeals of Ohio, Montgomery County.

Decided April 8, 1954.

Attorney(s) appearing for the Case

Mr. A. W. Schulman, for appellant.

Messrs. Curtner, Brenton & O'Hara, for appellee.

HORNBECK, J.

This is an appeal on questions of law from a judgment sustaining a motion of the defendant to dismiss the amended petition of plaintiff and award judgment to him for costs.

The action was originally instituted against Charles M. Horstman, and, after an amended petition had been filed by the plaintiff, the defendant answered. Thereafter, the defendant having died, the action was revived against Richard...

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