Ohio Supreme Court, 1976

Masheter v. Welschenbach

Ohio Supreme Court · Decided October 13, 1976 · Brown, Celebrezze, Corrigan, Herbert, Neill, Stern

48 Ohio St. 2d 8; 355 N.E.2d 494; 2 Ohio Op. 3d 31; 1976 Ohio LEXIS 696

Cases that cite this one

1 later published case cites this decision.

City of Middletown v. Campbell (Ohio Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

In the recent case of-Akron v. Gay (1976), 47 Ohio St. 2d 164, this court held that “[t]he restriction upon .extension of the answer ¡date contained in R. C.-163.-08 is jurisdictional. **■*”-.'

The Court of Common Pleas was, therefore/ without jurisdiction to modify the default judgment entered agaihst the landowners on June 19, 1970, following the failure of the landowners to file an answer within the time prescribed by law. ■ ^ ’

Accordingly, on authority of Akron v. Gay, supra, the judgment of the Court of Appeals is reversed and final judgment is entered for appellant Director of Highways.

Judgment reversed.

O’Neill, C.M:,’Herbert, Corrigan,- SterN,' Celebrezze, W. BrowN and P. Brown, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.