BENDA v. FANA

No. 40452.

10 Ohio St. 2d 259 (1967)

BENDA, APPELLEE, v. FANA, APPELLANT.

Supreme Court of Ohio.

Decided June 7, 1967.


Attorney(s) appearing for the Case

Messrs. Sieman, Sieman & Sieman, for appellee.

Mr. Arthur J. Stern, for appellant.


MATTHIAS, J.

The cause presently before this court raises questions as to the meaning of Section 2311.17, Revised Code (offer out of court to allow judgment), and Section 2311.18, Revised Code (offer in court to confess judgment). These sections are somewhat analogous and to avoid ambiguity should be set out in full.

Section 2311.17, Revised Code:

"The defendant in an action for the recovery of money only, at any time before the trial, may serve upon...

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