Public-domain · open source
OpenJurist

6 Ohio Law. Abs. 5

Buck v. Smith

Ohio Court of Appeals

Decided November 14, 1927

Ohio Court of Appeals · decided 1927-11-14

Decided 1927-11-14

¶1OPINION OF COURT.

¶2The following is taken, verbatim, from the opinion.

WILLIAMS, J.

¶3The question presented in this court is whether, in an action for libel or slander, a writ of attachment may properly issue, and service be obtained by publication on, the ground of non-residence of defendants, under the laws of Ohio. GC. Section 11819 reads as follows:

“An attachfent shall not be granted on the ground that the defendant is not a resident of this state, for any claim other than a debt arising on contract or for causing damage to property, or personal injury by negligent or wrongful act.”

¶4By the great weight of authority the terms “injury to the person” and “personal injury” when used in the statutes of the various states and of the United States, are held to include libel and slander.

¶5The court reaches the conclusion that the injury to reputation arising from libel is an injury to the person and that attachment will lie.

¶6By the great weight of authority, in the absence of a statute requiring otherwise, the attachment statutes are to be given a strict construction. Under 10214 GC. however, the statutes regulating attachment proceedings are to be liberally construed in Ohio, in order to do justice between the parties. Hart v. Andrews, 103 OS. 318.

¶7Giving the statute in question a liberal construction, injury resulting from libel or slander is a “personal injury by wrongful act.” The court, therefore, erred in sustaining the separate motions of the defendants and entering final judgment against the plaintiff.

(Richards and Lloyd, JJ., concur.)
/6/ohiolawabs/5 · .json · Public domain