Camp v. Bostwick
Ohio Supreme Court
Error to the court of common pleas of Portage countyBeserved in the district court. The original action was brought on the 29th of December,. 1866, by Charles IT. Bostwick, defendant in error, against Horace Camp and wife, and others, plaintiffs in error, to* compel them, as heirs at law of Abram Olmstead, to make-contribution as between co-sureties.
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Error to the court of common pleas of Portage countyBeserved in the district court. The original action was brought on the 29th of December,. 1866, by Charles IT. Bostwick, defendant in error, against Horace Camp and wife, and others, plaintiffs in error, to* compel them, as heirs at law of Abram Olmstead, to make-contribution as between co-sureties. The petition alleged that on the 29th day of April, 1856, said Olmstead and the plaintiff became bound as sureties for George B. Whittlesey to Hiram Giddings, in a joint and several promissory note for $500, payable, with ten per cent, interest,…
1Opinion of the CourtMcIlvaine, J.
The plaintiffs assign for error the following:
1. The court of common pleas erred in overruling the demurrer to the petition.
2. The court erred in rendering judgment in favor of defendant in error upon the pleadings. .
3. The facts stated in the second defence being admitted, judgment should have been for plaintiffs in error.
4. The court found in favor of defendant in error, when it should have found for plaintiffs in error.
I The findings of the court are contrary to the law and the facts.
*345Substantially the same questions of law arise upon the several assignments.
The original action was brought…
2Cases cited2 opinions
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- Evans v. EvansSupreme Court of Alabama · 1849