Bobilya v. Priddy
Ohio Supreme Court
Error to the Circuit Court of Yam Wert County. One Charles M. Spahr on and before January 29, 1901, was indebted to George L. Bobilya on a'secured note in the sum of $130, and rent of room $10, total $140. He also owed the Will-shire bank $63, and owed certain notes which he had forged, amounting to $514.59, which notes were held by the Willshire bank for collection, and which notes he desired to pay to prevent prosecution for forgery.
Read the full summary
Error to the Circuit Court of Yam Wert County. One Charles M. Spahr on and before January 29, 1901, was indebted to George L. Bobilya on a'secured note in the sum of $130, and rent of room $10, total $140. He also owed the Will-shire bank $63, and owed certain notes which he had forged, amounting to $514.59, which notes were held by the Willshire bank for collection, and which notes he desired to pay to prevent prosecution for forgery. He owned a stock of goods and a horse and buggy, and sold the same on said January 29, 1901, to Mr. Bobilya for the sum of $717.59, and Mr. Bobilya took out of…
1Opinion of the Court
Two preliminary questions are made. The petition contained all the facts which a petition in replevin should contain and also all that is necessary in an affidavit for replevin, and that affidavit to the petition was positive, and not on belief merely. The defendant below made a motion 'to set aside the writ of replevin for the reason that there was no separate affidavit for such writ. The court overruled the motion, to which the defendant excepted.
*420There was no error in the ruling of the court. While under Section 5815, Revised Statutes, an affidavit is required in order to warrant the…
2Cited by8 opinions
- Carruthers v. KennedyOhio Supreme Court · 1929
- Irwin v. MapleCourt of Appeals for the Sixth Circuit · 1918
- Barber v. CoitCourt of Appeals for the Sixth Circuit · 1906
- Blackford v. GaynorOhio Court of Appeals · 1934
- Marlow, Trustee v. GillenOhio Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.