Larimore v. Wells
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the judgment of the District Court of Licking county. The original action was brought in the court of common pleas in Licking county. The petition consisted of three causes of action, each being founded on a promissory note executed by the defendant. Two of the notes were made directly by the defendant to Anna Essex, the intestate, in her lifetime, and the third she acquired by purchase.
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Motion for leave to file a petition in error to reverse the judgment of the District Court of Licking county. The original action was brought in the court of common pleas in Licking county. The petition consisted of three causes of action, each being founded on a promissory note executed by the defendant. Two of the notes were made directly by the defendant to Anna Essex, the intestate, in her lifetime, and the third she acquired by purchase. Copies of the notes were not attached to and filed with the petition, for the reason, as was alleged, that they were in the wrongful possession of the…
1Opinion of the CourtWhite, J.
We have felt some embarrassment in this-case on account of the indefinite and ambiguous character of the answer, and the uncertain nature of the issues sought to be raised.
The statement in the petition that the notes were in the wrongful possession of the defendant, seems to have been regarded as an averment material to the plaintiffs cause of action upon which issue might be taken.
That statement is inserted in the petition to show the reason why copies of the notes sued on are not attached to- and filed with the petition as provided in section 117 of the code. Copies attached to and filed…
2Cited by23 opinions
- Bates & Rogers Const. Co. v. Board of Com'rsDistrict Court, N.D. Ohio · 1920
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
- McCloskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1889
- Hassay v. Metropolitan Life Ins.Ohio Supreme Court · 1942
- McDonald v. HaughtOhio Supreme Court · 1967
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