Wagers v. Dickey
Ohio Supreme Court
This is a Writ of Error to the Court of Common Pleas of Harrison County. The original action was Assumpsit. The declaration contained only the common counts. Verdict and judgment were given for the plaintiffs below.
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This is a Writ of Error to the Court of Common Pleas of Harrison County. The original action was Assumpsit. The declaration contained only the common counts. Verdict and judgment were given for the plaintiffs below. Pending the trial two bills of exceptions were taken as follows : 1. Be it remembered that on the trial of this cause after the plaintiffs had introduced,- among other evidence, evidence tending to show a special contract between plaintiffs and defendant for a wagon to be delivered by defendant to plaintiffs, and after said plaintiffs had introduced evidence tending to show that…
1Opinion of the CourtBirchard, C. J.
We think the Court below did not err in overruling the motion for a non-suit. The bill of exceptions does not profess to give all the evidence offered by the plaintiffs in support of the action prior to the motion for a non-suit. We are left altogether in the dark up on that subject, and if any ■ supposablé state of proof connected with what is shown by the first bill of exceptions would have sustained a right of action we ought to presume such proof to have been given, until the contrary appears. A revisory Court never presumes that an inferior tribunal has erred. The presumption is that it…
2Cases cited2 opinions
- Cornell v. GreenSupreme Court of Pennsylvania · 1823
- Trustees of the Western University of Pennsylvania v. RobinsonSupreme Court of Pennsylvania · 1824
3Cited by9 opinions
- Long v. LongOhio Supreme Court · 1976
- Morris v. UlbrightSupreme Court of Missouri · 1977
- Youtsey v. NiswongerCourt of Appeals for the Sixth Circuit · 1918
- Darling v. HippelOhio Circuit Courts · 1897
- Gillam v. GillamOhio Court of Appeals · 1979
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