MILLER v. ANDRE

No. 35139.

167 Ohio St. 83 (1957)

MILLER, APPELLANT, v. ANDRE, SR. (BARBER, ADMR., SUBSTITUTED DEFENDANT), APPELLEE.

Supreme Court of Ohio.

Decided December 4, 1957.


Attorney(s) appearing for the Case

Mr. John Ruffalo and Mr. Elwyn V. Jenkins, for appellant.

Mr. William H. Vodrey, Jr., and Mr. William C. Lodge, for appellee.


STEWART, J.

The Court of Common Pleas overruled plaintiff's motion for an order of revivor, upon the theory that before a revivor could be had it was necessary for plaintiff to present her claim to Cecil J. Barber, administrator, and have him either accept or reject it, and the court found that, upon the evidence, she had failed to do this and, therefore, had not complied with the condition precedent to such revivor.

Plaintiff has assigned 11 errors in this...

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