HOEHN v. STEEL CO.

No. 36815.

172 Ohio St. 285 (1961)

HOEHN, APPELLANT, v. EMPIRE STEEL CO., APPELLEE.

Supreme Court of Ohio.

Decided May 24, 1961.


Attorney(s) appearing for the Case

Messrs. Ross, Sauter & Lett, for appellant.

Messrs. Gongwer, Murray & Brown, for appellee.


Per Curiam.

The question presented is whether the filing of the petition and praecipe in Cuyahoga County and the purported service constituted the "commencement" of an action within the meaning of Section 2305.17, Revised Code, and whether the dismissal was a failure "otherwise than upon the merits," within the meaning of the saving clause in Section 2305.19, Revised Code.

Section 2703.01, Revised Code, provides that a civil action must be commenced...

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