Ettinger v. Stahl, No. 25778.

CourtUnited States State Supreme Court of Ohio
Writing for the CourtPER CURIAM.
Citation200 N.E. 643,130 Ohio St. 501
PartiesETTINGER v. STAHL, Judge.
Docket NumberNo. 25778.
Decision Date11 March 1936

130 Ohio St. 501
200 N.E. 643

STAHL, Judge.

No. 25778.

Supreme Court of Ohio.

March 11, 1936.

Error to Court of Appeals, Lucas County.

Prohibition proceeding by Max Ettinger to prevent Stahl, Judge of Common Pleas, from hearing an issue in a pending cause. Judgment of Court of Appeals of Lucas County denying the writ on demurrer to the petition, and petitioner brings error.-[Editorial Statement.]

Judgment affirmed.

[Ohio St. 501]Percy R. Taylor and Oscar J. Smith, both of Toledo, for plaintiff in error.

Smith, Baker, Effler & Eastman, of Toledo, and L. J. Cushman, of Miami, Fla., for defendant in error.


Floyd W. Davis and his wife, of Miami, Fla., recovered a judgment against plaintiff in error, Max Ettinger, in the circuit court of Dade county, Fla., for $24,000, costs and interest.

Thereafter Davis and his wife brought suit in the court of common pleas of Lucas county, Ohio, against Max Ettinger, his wife, Stella Ettinger, and the Saves Sales Company, pleading that, after such Florida judgment was rendered, Max Ettinger transferred and assigned certain stocks and property, with intent to hinder, [Ohio St. 502]delay, and defraud creditors, and praying for judgment against Max Ettinger on the Florida judgment, that the fraudulent conveyances be set aside, that the property be subject to the payment of the claim, and that the Saves Sales Company and Mrs. Ettinger be enjoined from disposing of any of the property so transferred or assigned to them.

Mrs. Ettinger and the Saves Sales Company answered the petition, which issues are still pending, but a default judgment was entered against Max Ettinger.

Subsequently Max Ettinger, claiming that the action was terminated and no longer pending as to him, filed a petition in prohibition in the Court of Appeals of Lucas county to prevent a judge of the court of common pleas from hearing the issue as to whether Ettinger conveyed or transferred the property to defraud creditors, upon the ground that the default judgment constituted final adjudication of the entire cause of action as to Ettinger. The Court of Appeals denied the writ of prohibition on demurrer to the petition.

[200 N.E. 644]

Said Max Ettinger having prosecuted error proceedings in this court, said cause came on to be heard upon the transcript of the record of the Court of Appeals of Lucas county, and was argued by counsel.

On consideration whereof, it is ordered and adjudged that the judgment of the Court of Appeals be, and...

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