Dykeman v. Johnson
Ohio Supreme Court
Error to the Circuit Court of Lorain county. Arland W. Johnson, the defendant in error, filed his petition in the court of common pleas of Lorain county, Ohio, against the plaintiff in error, H. A. Dykeman, to recover upon an account for services rendered and money expended. Said petition was in the words and figures following, to-wit: “The first full name of defendant is unknown to this plaintiff. “Plaintiff is an architect located and doing business in Toledo, Ohio.
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Error to the Circuit Court of Lorain county. Arland W. Johnson, the defendant in error, filed his petition in the court of common pleas of Lorain county, Ohio, against the plaintiff in error, H. A. Dykeman, to recover upon an account for services rendered and money expended. Said petition was in the words and figures following, to-wit: “The first full name of defendant is unknown to this plaintiff. “Plaintiff is an architect located and doing business in Toledo, Ohio. “There is due the plaintiff from the defendant the sum of fifteen hundred and forty dollars ($1,540.00) upon an account of…
1Opinion of the CourtCrew, J.
The only assignment of error which we deem it important to notice in this opinion is that relating to the charge of the court touching the question of where and with whom rested the burden of proof in this case. Upon the trial of this cause in the court of common pleas, the evidence and arguments being closed, the court among other things instructed the jury that under the pleadings the burden of proof upon the issues joined was upon the plaintiff, and refused to charge as requested by counsel for the plaintiff, “that the burden of proof was upon the defendant to establish the defense set up…
2Cases cited1 opinion
- Koppitz-Melchers Brewing Co. v. SchultzOhio Supreme Court · 1903