SHILLING v. OCTAVIO

Nos. 38229 and 38270.

176 Ohio St. 123 (1964)

SHILLING, APPELLEE, v. OCTAVIO ET AL., APPELLANTS, ET AL. (Two cases.)

Supreme Court of Ohio.

Decided April 22, 1964.


Attorney(s) appearing for the Case

Mr. Morgan W. Roderick, Jr., for appellee.

Messrs. Carson, Vogelgesang & Sheehan, and Messrs. Day, Cope, Ketterer, Raley & Wright, for appellants.


TAFT, C. J.

The question to be decided may be stated as follows:

Where a plaintiff in an action for money only fails to state in the praecipe for summons "the amount for which judgment is asked" and where the summons issued pursuant to that praecipe does not have endorsed on it "the amount * * * for which, with interest, judgment will be taken if the defendant fails to answer," is that summons, if otherwise in proper form and if properly served upon the defendant...

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