Preserving Objections to In Personam Jurisdiction - Ohio's Persistent Shibboleth

Browne, J. Patrick

Journal: Cleveland State Law Review

Volume: 21

First Page: 141

Year: 1972

Bluebook Citation: 21 CLEV. ST. L. REV. 141 (1972)

Author: J. Patrick Browne: all 13 publications


Abstract

The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion.

Usually, the court's journal entry will note that the defendant's "objections and exceptions" to it's order "are noted and saved". Must the defendant now reserve his objection to in personam jurisdiction in all subsequent motions and pleadings filed in the action?

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.