Railroad v. Hutchins
Ohio Supreme Court
' Error to the Court of Common Pleas of Cuyahoga County. Reserved by the District Court. The petition in the original action was as follows: “ The State oe Ohio, ) In the Court oe Common Cuyahoga County, ss: j Pleas. “John C. Hutchins, Guardian of Joseph R.' and Edward C. Barbour, minor children, PUff., v. Petition. “The Lake Shore & Michigan Southern Railway Company, Deft.
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' Error to the Court of Common Pleas of Cuyahoga County. Reserved by the District Court. The petition in the original action was as follows: “ The State oe Ohio, ) In the Court oe Common Cuyahoga County, ss: j Pleas. “John C. Hutchins, Guardian of Joseph R.' and Edward C. Barbour, minor children, PUff., v. Petition. “The Lake Shore & Michigan Southern Railway Company, Deft. “ John C. Hutchins, the above named plaintiff, says that on the 9th day of September, 1869, he was duly appointed and qualified as guardian of the estate of the said minor children, by the probate court of Cuyahoga county,…
1Opinion of the CourtMcIlvaine, J.
It is claimed by plaintiff in error, that the overruling of the demurrer to the petition was error. That sufficient facts to constitute a cause of action were not stated.
Under the liberal rules of the code of civil procedure, which require a construction favorable to the pleader, the court is of opinion that the demurrer was not well taken. As against a demurrer, we think a cause of action for damages for the conversion of timber, after the same had been severed from the land, and had become the personal property of the plaintiff, by the defendant to its own use, is sufficiently stated,…
2Cases cited23 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Pease v. . SmithNew York Court of Appeals · 1875
- Hart v. EyckNew York Court of Chancery · 1816
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Halleck v. MixerCalifornia Supreme Court · 1860
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