FIRST BANK OF MARIETTA v. CLINE

No. 83-689.

12 Ohio St. 3d 317 (1984)

FIRST BANK OF MARIETTA, APPELLEE, v. CLINE, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided August 8, 1984.


Attorney(s) appearing for the Case

Messrs. McCauley, Webster & Emrick and Mr. James H. McCauley, for appellee.

Murphey, Young & Smith Co., L.P.A. and Mr. Alan L. Briggs, for appellant.


Per Curiam.

There are two issues presented by this appeal. First, whether service of process by publication was proper, and, second, whether the defense of insufficiency of service, although properly raised by motion, is waived by failure to request a pretrial hearing on the motion.

Civ. R. 4.4(A), which sets forth the procedural requirements for service by publication, provides in part:

"(A) Residence unknown. When the residence of a defendant...

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