WRINKLE v. TRABERT

Nos. 37494 and 37495.

174 Ohio St. 233 (1963)

WRINKLE, APPELLANT, v. TRABERT, ADMR., APPELLEE. HIGHLAND MOTOR CO., APPELLANT, v. TRABERT, ADMR., APPELLEE.

Supreme Court of Ohio.

Decided February 27, 1963.


Attorney(s) appearing for the Case

Messrs. Hoover, Beall & Eichel, for appellants.

Messrs. Lindhorst & Dreidame, for appellee.


MATTHIAS, J.

The issue in this cause is whether an action is properly commenced so as to bar the defense of the statute of limitations, where such action is instituted within the statutory period of limitation against one acting as administrator whose letters of administration, although applied for within the period of limitation, were not issued until such period had elapsed.

The general rule is, of course, that an administrator has no power or authority...

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