48 Ohio St.
1 opinion
<p>Error to the Circuit Court of Hamilton county.</p> <p>The suit below was upon an account against the member of a dissolved firm. Service was obtained upon one of them, the plaintiff in error, Kerper; no service was had upon the other, he being a non-resident. The answer, for one of its defenses, relied on the statute of limitations. The plaintiff in reply, averred payments made after' the dissolution by Parker, as liquidating partner under the laws of Pennsylvania ; also, the execution of a promise in writing to pay the same, and that the payments and promise were within six years of filing the petition. On the trial to the jury, the court at the close of the evidence for the plaintiff, directed a verdict for the defendant. The plaintiff excepted and placed the evidence on record by a bill of exceptions. A motion for a new trial was made, overruled, and judgment rendered for the defendant, dismissing the action; which, on error, was reversed by the circuit court.</p> <p>The present suit is prosecuted to reverse the circuit court and affirm the common pleas.</p>
