Blanchard v. Gregory
Ohio Supreme Court
This is a writ of error to the Supreme Court of Geauga county. *The error assigned is an error in fact. It appears from the record that, at the August term, 1843, of the Supreme Court in Geauga county, Gregory obtained a judgment, in an action of trespass de bonis, etc., against Blanchard, Coolidge, and others, for $2,475. The error assigned is, that Blanchard, one of the defendants, at the time of the date of process issued against him, was a minor ; that process was never…
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This is a writ of error to the Supreme Court of Geauga county. *The error assigned is an error in fact. It appears from the record that, at the August term, 1843, of the Supreme Court in Geauga county, Gregory obtained a judgment, in an action of trespass de bonis, etc., against Blanchard, Coolidge, and others, for $2,475. The error assigned is, that Blanchard, one of the defendants, at the time of the date of process issued against him, was a minor ; that process was never personally served upon him; that he had no guardian ad litem appointed to defend for him ; that he never appeared and…
1Opinion of the CourtWood, C. J.
This is a writ of error to the Supreme Court of Geauga county. The error assigned is, in fact, infancy of Blanchard, one of the defendants. To this assignment, the plea of a release of error, since the judgment, by Blanchard, and since he became of age. To this plea the plaintiff in error demurred, and the principal question in the case is upon the sufficiency of this plea. The action was in trespass for personal goods and chattels, and against several defendants now plaintiffs in error.
We hold that the judgment being an entirety, if it was erroneous as to Blanchard, it was likewise erroneous…
2Cited by13 opinions
- Mutual Finance Co. v. PolitzerOhio Supreme Court · 1970
- Andres v. City of PerrysburgOhio Court of Appeals · 1988
- Clark v. Johnson & LattimerAlabama Court of Appeals · 1913
- Sullivan v. ColbyCourt of Appeals for the Seventh Circuit · 1896
- Johnson v. Western Indiana Mining Co.Indiana Court of Appeals · 1923
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