Spaeth v. Sells
U.S. Circuit Court for the District of Southern Ohio
Action by W. T. Spaeth against Lewis Sells and another. Heard on demurrer to the answer.
1Opinion of the Court
SATER, District Judge.
The petition was filed on May 10, 1907, against Lewis Sells and George J. Karb, sheriff. The plaintiff claims that it states three causes of action, viz., for assault, false imprisonment, and malicious prosecution. The defendant executrix asserts that the action is for malicious prosecution only, and that all else alleged is merely incidental thereto. Sells died September 5, and his executrix qualified November 5. On December 3 the plaintiff took a conditional order of revivor, which recites that, unless the executrix “shall within ten days after the service of this…
2Cases cited10 opinions
- Baltimore & Ohio Railroad v. JoySupreme Court of the United States · 1899
- Reaves & Co. v. J. A. Long & BrotherSupreme Court of Kansas · 1901
- Berkley v. TootleSupreme Court of Kansas · 1901
- Tefft v. Citizens' BankSupreme Court of Kansas · 1887
- Pope v. IrbySupreme Court of Alabama · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re DahnkeCalifornia Court of Appeal · 1923
- Porter, Exr. v. LerchOhio Supreme Court · 1934
- Smith v. CoucherDistrict Court, D. Alaska · 1940
- Squire v. Guardian Trust Co.Cuyahoga County Common Pleas Court · 1945
- Wing v. McCallumCourt of Appeals for the First Circuit · 1923
1 more not listed; retrieve them via the Exa API.