McCracken v. West
Ohio Supreme Court
This is a Writ op Error directed to the Court of Common Pleas of Fairfield County. The declaration in the original action is in Case.
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This is a Writ op Error directed to the Court of Common Pleas of Fairfield County. The declaration in the original action is in Case. It avers that the plaintiffs below are Merchants in the city of New York, by the name, of West, Oliver & Co. That George Myers of Lancaster, Ohio, on the 2d day of November, 1842, was desirous of purchasing, in New York, a stock of goods partly on credit, and had employed one Z. C. McElroy to purchase said stock of goods for him as his agent, of which the defendant had notice. That the defendant, on said 2d day of November, 1842, at Lancaster aforesaid, for the…
1Opinion of the CourtRead, J.
There are three classes of Error complained of in this case.
1st. Error in deciding the demurrer without joinder.
*232d. Errors in the admission and overruling of testimony.
3d. That the declaration will not warrant the judgment.
The error under the first head is, that the Court overruled the demurrer to the declaration without a joinder.
A joinder is necessary to constitute a technical issue, and is like a similiter to the general issue. If objected to at the time, it may be filed instantly, and if not, and exception be subsequently taken for this cause, the Court will consider it as having been in.…
2Cited by4 opinions
- Roberson v. CounselmanSupreme Court of Kansas · 1984
- Opinion No., Oklahoma Attorney General Reports1981
- Platt v. Pennsylvania Co.Ohio Supreme Court · 1885
- Strough v. ConleyAppellate Division of the Supreme Court of the State of New York · 1937