Northern Pacific Railway Co. v. Baum
Ohio Supreme Court
Error to the Circuit Court of Hamilton county. Jacob Baum, doing business as J. Baum Safe & Lock Company, at Cincinnati, Hamilton county, Ohio, filed a bill of particulars before a justice of the peace of one of the tqwnships of that county, to recover the sum of twenty-four dollars from the railway company for the value of an iron safe that had been delivered by the railway company contrary to the contract of shipment; he also filed an affidavit in attachment on the ground…
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Error to the Circuit Court of Hamilton county. Jacob Baum, doing business as J. Baum Safe & Lock Company, at Cincinnati, Hamilton county, Ohio, filed a bill of particulars before a justice of the peace of one of the tqwnships of that county, to recover the sum of twenty-four dollars from the railway company for the value of an iron safe that had been delivered by the railway company contrary to the contract of shipment; he also filed an affidavit in attachment on the ground of non-residence. A summons and an order of attachment were issued. The constable served the summons and order of…
1Opinion of the CourtSummers, C. J.
Section 6478, Revised Statutes, reads as follows:
“Suits may be brought before a justice of the peace against any railroad company, in the township in which the president of the company may reside, or in any township into or through which the road owned or leased by said company may be located, whether such company be foreign or created under the laws of this state, and whether the charter thereof prescribes the place where suit must be brought against it, or the manner or place of service of process thereon.”
Counsel for the railway company contend that-this section fixes the venue of actions…
2Cases cited3 opinions
- Herndon v. GivensSupreme Court of Alabama · 1849
- Atkinson v. WigginsSupreme Court of Alabama · 1881
- McPhillips v. HubbardSupreme Court of Alabama · 1892