Legal Opinion

White v. Stanley

Ohio Supreme Court

Decided December 15, 1876PublishedCited by 9 opinions

Motion for leave to file a petition in error to the District Court of Hamilton county. The original action was brought in the Court of Common Pleas of Hamilton County, by I. H. Stanley, defendant in error, against White, Bonner & Wright, plaintiffs in error, as makers, and against Sperry, Hale & Co., as indorsers, of a promissory note, of which the following is a copy: “ $1,500. G-uyandotte, W. Va., November 20,1873. “ Eight months after date, we promise to pay to the order…

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Motion for leave to file a petition in error to the District Court of Hamilton county. The original action was brought in the Court of Common Pleas of Hamilton County, by I. H. Stanley, defendant in error, against White, Bonner & Wright, plaintiffs in error, as makers, and against Sperry, Hale & Co., as indorsers, of a promissory note, of which the following is a copy: “ $1,500. G-uyandotte, W. Va., November 20,1873. “ Eight months after date, we promise to pay to the order of Sperry, Hale & Co. fifteen hundred dollars, at Second National Bank, Ironton, O. “White, Bonner & Wright.” The…

1Opinion of the CourtMcIlvaine, J.

The court of common pleas did not err in overruling the motion of defendants to discharge the attachment. Section 192 of the code authorizes the making of an order of attachment upon the “ affidavit of the plaintiff, his agent or attorney,” showing certain facts therein enumerated. The sufficiency of an affidavit for an order of attachment made by the plaintiff’s agent or attorney is determined by the same tests as one made by the party himself. There is no such limitation upon the power of an agent or attorney to make an affidavit for an attachment as-is prescribed by section 93 of the code.…

2Cited by9 opinions

  1. Falconio v. LarsenOregon Supreme Court · 1897
  2. Village of Kent v. DanaCourt of Appeals for the Sixth Circuit · 1900
  3. Stockbridge v. FahnestockCourt of Appeals of Maryland · 1898
  4. Ahlhauser v. ButlerU.S. Circuit Court for the District of Eastern Wisconsin · 1893
  5. F. Mayer Boot & Shoe Co. v. FergusonNorth Dakota Supreme Court · 1908

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