Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 48Robert Clark, 1892 - Law reports, digests, etc |
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Page xviii
... Jurisdiction in Error . Atwood v . Whipple , 314 . Henry v . Jean , 459 . Section 6723. Error . Section 6741 . Brown v . Coal Co. , 543 . Mandamus . Thompson v . Watson , 553 . Section 6742. Mandamus . State ex rel . v . Crites , 465 ...
... Jurisdiction in Error . Atwood v . Whipple , 314 . Henry v . Jean , 459 . Section 6723. Error . Section 6741 . Brown v . Coal Co. , 543 . Mandamus . Thompson v . Watson , 553 . Section 6742. Mandamus . State ex rel . v . Crites , 465 ...
Page 67
... jurisdiction of this court , and being now in the hands of the assignee are as much the property of the payee under that check as though they were in the hands of the drawer of the check . Taney v . Wilson , 16 Vroom , part 2 , 282 ...
... jurisdiction of this court , and being now in the hands of the assignee are as much the property of the payee under that check as though they were in the hands of the drawer of the check . Taney v . Wilson , 16 Vroom , part 2 , 282 ...
Page 68
... jurisdiction of this court , and as averred in the petition are in the hands of the assignee , and he is before the court , where the court looking at what is equitable and what is right between the parties can determine that right ...
... jurisdiction of this court , and as averred in the petition are in the hands of the assignee , and he is before the court , where the court looking at what is equitable and what is right between the parties can determine that right ...
Page 83
... jurisdiction , considers that as done , which , upon the facts of the case , the party had a right to have done , and distributes the proceeds without any for- mal judgment of subrogation . No injustice is done to the holder of the ...
... jurisdiction , considers that as done , which , upon the facts of the case , the party had a right to have done , and distributes the proceeds without any for- mal judgment of subrogation . No injustice is done to the holder of the ...
Page 92
... jurisdiction to add , either with or without evidence , any sum whatever to her returns , or to the tax duplicate against her on her estate , and that the attempt by him to do so is an attempt to pass upon and determine precisely the ...
... jurisdiction to add , either with or without evidence , any sum whatever to her returns , or to the tax duplicate against her on her estate , and that the attempt by him to do so is an attempt to pass upon and determine precisely the ...
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Common terms and phrases
18 Ohio St 44 Ohio St action alleged Allen county amended amount answer appear apply appropriation assignment authority averred Belle Centre Brice Butler county charge Cincinnati circuit court City of Toledo claim common pleas constitution construction contract corporation county auditor court of common court of equity creditors Crites debt defendant in error demurrer duty electric eminent domain entitled equity Erie county evidence ex rel Ex'r executor fact filed held indictment judge judgment jurisdiction jury Kernohan land legislature Louderman mandamus ment mortgage natural gas negligence notice operation owner paid party payment Pennsylvania Company petition plaintiff in error pleadings probate court proceeding purchase purpose question Railroad Co railroad company Railway Company reason record refused remedy rendered Revised Statutes rule street Swetland taxation Telegraph Association telephone thereof tion Toledo township Treas trial trustees writ
Popular passages
Page 456 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 377 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 436 - ... as to all acts or duties necessarily calling for the exercise of judgment and discretion on the part of the officer or body at whose hands their performance is required, mandamus will not lie.
Page 682 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Page 133 - No laws shall be passed authorizing any county, city, town or township, by vote of its citizens, or otherwise, to become a stockholder in any joint stock company, corporation, or association...
Page 595 - ... charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered...
Page 594 - ... provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 131 - SECTION 1. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives...
Page 133 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 597 - A treaty to settle and define the boundaries between the territories of the United States and the possessions of Her Britannic Majesty in North America ; for the final suppression of the African slave trade ; and for the giving up of criminals, fugitive from justice, in certain cases.