RUSSELL v. DRAKE

No. 34465.

164 Ohio St. 520 (1956)

RUSSELL, APPELLANT, v. DRAKE, APPELLEE.

Supreme Court of Ohio.

Decided February 15, 1956.


Attorney(s) appearing for the Case

Mr. Arnold M. Edelman, for appellant.

Mr. James R. Ugan and Mr. Robert G. Quandt, for appellee.


BELL, J.

It is conceded that service of summons on the defendant was ineffective to give the court jurisdiction over his person, because service was made on the minor defendant alone rather than upon him and his guardian, father, mother or person having the care of him or with whom he lived, as required by Section 11291, General Code (Section 2703.13, Revised Code).

Had defendant not been a minor, his voluntary entry of appearance in seeking extensions...

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