Hammond v. Hammond
Ohio Supreme Court
Error to tbe district court of Athens county. October 22, 1864, Belinda Hammond brought an action in the court of common pleas of Athens county against John Hammond, for the recovery of a tract of land. He answered, denying her ownership of the land. The case was first tried to the court, (a jury being waived,) which found for the plaintiff, Belinda Hammond. A second trial was taken, as allowed by the- statute, and the jury disagreed.
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Error to tbe district court of Athens county. October 22, 1864, Belinda Hammond brought an action in the court of common pleas of Athens county against John Hammond, for the recovery of a tract of land. He answered, denying her ownership of the land. The case was first tried to the court, (a jury being waived,) which found for the plaintiff, Belinda Hammond. A second trial was taken, as allowed by the- statute, and the jury disagreed. Belinda Hammond married Nehemiah O. Warren, who was made party plaintiff’ with her in the action. Another trial was had to a jury, which disagreed. Again, at…
1Opinion of the CourtDay, J.
This case comes before us on a petition in error,, authorized by the fourth section of the act of 1858 “to relieve the district courts,” &c., to reverse the judgment of the district court. But one question was made in that court, which was, whether the court of common pleas erred in refusing to grant a new trial, on the ground that the verdict, was not sustained by sufficient evidence. The court held the affirmative of this proposition, reversed the judgment of the common pleas, and remanded the case to that court for a new trial. We are now asked to reverse the judgment of the-district…
2Cases cited3 opinions
- Lessee of Williams v. VeachOhio Supreme Court · 1848
- Beatty v. HatcherOhio Supreme Court · 1861
- Smetters v. RaineyOhio Supreme Court · 1862