Critchfield v. Porter
Ohio Supreme Court
This cause was adjourned here for decision from Athens county. It was a bill in chancery, the-object of which was to obtain a new trial in a case where judgment had been rendered against the complainant here, who was defendant at law. The bill states that the defendant, John Porter, of Athens county, in April, 182-1, commenced an action of trover, before a justice of the peace in Athens county, against Amos Thompson, Joseph McMahon, and the complainant.
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This cause was adjourned here for decision from Athens county. It was a bill in chancery, the-object of which was to obtain a new trial in a case where judgment had been rendered against the complainant here, who was defendant at law. The bill states that the defendant, John Porter, of Athens county, in April, 182-1, commenced an action of trover, before a justice of the peace in Athens county, against Amos Thompson, Joseph McMahon, and the complainant. No notice was given to the complainant, by summons or otherwise, of the-pendency of the suit. The case was afterward appealed, and at the…
1Opinion of the Court
Opinion of the court, by
Judge Sherman:
The questions made upon the demurrer to the bill of the complainant are: 1. Do the facts stated in the bill furnish a'ny ground to interfere with the judgment at law sought to be enjoined ? 2. If the complainant is entitled to relief, whether a court of chancery is the proper tribunal to afford it?
Upon the first question, the defendant contends that the complainant is bound by the act of the attorney, although unauthorized, and 1 Salk. 86-88; 1 Bibb, 89; 6 Mod. 16, and 5 ¡Mod. 205, are cited in support of this proposition. These authorities show the…
2Cases cited1 opinion
- Bowling v. HelmCourt of Appeals of Kentucky · 1809
3Cited by4 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Van DeRyt v. Van DeRytOhio Supreme Court · 1966
- Brooks v. HarrisonSupreme Court of Alabama · 1841
- Hunter v. HarrellIndiana Court of Appeals · 1928