Ohio ex rel. Burritt v. Cowles
Ohio Supreme Court
Error to the District Court of Geauga county. The original action was debt on an administrator’s bond, executed June 21,1838, conditioned for the faithful performance by said Asa Cowles of his duties as administrator of the estate of Edmund Cowles, deceased.
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Error to the District Court of Geauga county. The original action was debt on an administrator’s bond, executed June 21,1838, conditioned for the faithful performance by said Asa Cowles of his duties as administrator of the estate of Edmund Cowles, deceased. Declaration sets up, in assigning breach of said bond, that the intestate left Hannah Cowles, since the wife of A. H. Burritt, his widow; and Caroline and Sybil, infant daughters by the said Hannah, arid sole heirs, entitled to distribution of the personal property; that after the final settlement of said estate, in March, 1843, Caroline,…
1Opinion of the CourtThurman, C. J.
The common law practice requires issues of law to be disposed of before the trial of issues of fact, and this rule was incorporated into the practice act of 1831.
It is obvious that all the issues, whether of law or fact, should be decided before giving judgment for a plaintiff.
Both these rules were violated in this case. Not only were the issues of fact tried without first deciding the law issue, but the latter was never decided. Without taking the least notice of it, judgment was given for the plaintiff.
That this was erroneous, is not denied ; but it is claimed that it was error that did not…
2Cited by3 opinions
- Sinclair Refining Co. v. ChaneyOhio Court of Appeals · 1961
- In re Superior Drop Forge & Mfg. Co.District Court, N.D. Ohio · 1913
- Miller v. AlbrightOhio Supreme Court · 1899