Gary v. May
Ohio Supreme Court
This is a bill of review, reserved in the county of Delaware. The bill is filed to reverse a decree of the court of common pleas of that county.
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This is a bill of review, reserved in the county of Delaware. The bill is filed to reverse a decree of the court of common pleas of that county. The original bill was filed in that court by John F. May, of Virginia, on April 6, 1840, and was in substance as follows: “That on or about August 7,1820, Thomas E. Gary, then of the Commonwealth of Virginia, but since deceased, proposed to borrow from the Bank of Virginia, in Petersburg, about the sum of $4,000, which proposition was accepted by said bank, and the money loaned was secured to be paid by one or more negotiable notes signed by said…
1Opinion of the CourtRead, J.
Out of abundant caution twenty-nine errors have been assigned in this case. All that are material to be considered will come under one of the following heads:
I. Lack of proper parties.
II. Want of due notice and proof of publication, to bring the respondents into court.
III. Want of proof to sustain the decree.
*65Before considering these points it may be remarked that if the facts set forth in the bill are true, and the proper parties were before the court, the decree was properly rendered.
1. It is claimed that the personal representative of Gary should have been made a party. Gary died in…
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- Wollenberger v. HooverIllinois Supreme Court · 1931
- Nye Odorless Incinerator Corp. v. FeltonSuperior Court of Delaware · 1931
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