Smith v. State
Ohio Supreme Court
Tnis is a writ of error to the Court of Common Pleas of Atbms county. The original action was debt in the name of the state against the defendant below to recover a penalty for a violation of the canal laws. The particular violation complained of is set forth explicitly and at full length in the declaration. To the declaration the defendant below pleaded nil debit.
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Tnis is a writ of error to the Court of Common Pleas of Atbms county. The original action was debt in the name of the state against the defendant below to recover a penalty for a violation of the canal laws. The particular violation complained of is set forth explicitly and at full length in the declaration. To the declaration the defendant below pleaded nil debit. The case was submitted to the court at the August term thereof, 1848, and the'court found the issue joined against the defendant, and rendered a judgment accordingly. After the finding of the issue by the court, the defendant moved…
1Opinion of the CourtHitchcock, C. J.
It appears from the bill of exceptions that on the trial of this case James E. Price, a collector of tolls upon the Hocking Yalley Canal, and who instituted this suit, in the name of the state, before a justice of the peace, from whose judgment it was appealed to the court of common pleas, was introduced as a witness on the part of the state, and was objected to on the part of the defendant, on the ground that he was interested in the event of the suit. This objection was overruled by the court, and the witness permitted to testify. It is claimed by the plaintiff in error that, in this, the…
2Cited by41 opinions
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- Leroy & Western Railroad v. RossSupreme Court of Kansas · 1889
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