Columbus, Hocking Valley & Toledo Ry. Co. v. Burke
Ohio Supreme Court
Error to the Circuit Court of Lucas county. The action below was commenced in the court of common pleas of Lucas county upon two injunction undertakings.
Read the full summary
Error to the Circuit Court of Lucas county. The action below was commenced in the court of common pleas of Lucas county upon two injunction undertakings. The undertakings were given in a suit brought by the Columbus, Hocking Valley & Toledo Railway Company against Stevenson Burke et al., in the court of common pleas of Franklin county, claiming to be the owner of certain stocks and' bonds as against the defendants; and asking that the defendants be restrained from disposing of them until the further order of the court. A temporary injunction was allowed on the giving of one of the…
1Opinion of the CourtMinshall, C. J.
The case gives rise to the following questions, and, if any of them, cannot be *119answered in the negative, the judgment must be affirmed:
1. Is the award of the arbitrators the decision contemplated by the undertakings ?
2. Did the dismissal of the action by the consent of the parties estop the defendants from insisting on the terms of their undertakings?
3. Does the provision in the agreement of submission, that its execution should not impair the liability of the defendants on either of the undertakings, preclude them from insisting that it has not been judicially decided that the injunction…
2Cases cited6 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Johnson v. . ElwoodNew York Court of Appeals · 1880
- Green v. PatchinNew York Supreme Court · 1835
- Bigelow v. GossWisconsin Supreme Court · 1856
- Weeks v. SouthwickNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.