Andrews v. Lembeck
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga County. Julius Lembeck commenced an action against E. E. Andrews in the Court of Common Pleas of Medina County, applied for a temporary injunction therein, and being unable to secure a hearing therof before either of the judges of that subdivision, served on Andrews a notice of an intended application to the Hon. Henry McKinney, one of the judges within such district, at his place of residence in Cuyahoga county, for such temporary…
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Error to the Circuit Court of Cuyahoga County. Julius Lembeck commenced an action against E. E. Andrews in the Court of Common Pleas of Medina County, applied for a temporary injunction therein, and being unable to secure a hearing therof before either of the judges of that subdivision, served on Andrews a notice of an intended application to the Hon. Henry McKinney, one of the judges within such district, at his place of residence in Cuyahoga county, for such temporary injunction, which application was made accordingly. Andrews, with his counsel, attended such hearing (which was upon the…
1Opinion of the CourtOwen, C. J.
The sole question for our determination is whether a person attending the hearing of an application for an injunction in a case in which he is interested as a party, in a jurisdiction outside of that of his residence, is privileged from the service o.f summons while going to, remaining at, and returning from, the hearing of such application.
The question is one which profoundly concerns the free and unhampered administration of justice in the courts. That suitors should feel free and safe at all times to attend, within any jurisdiction outside of their own, upon judicial proceedings in which…
2Cases cited8 opinions
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Parker v. HotchkissU.S. Circuit Court for the District of Eastern Pennsylvania · 1849
- In re HealeySupreme Court of Vermont · 1881
- Juneau Bank v. McSpedanU.S. Circuit Court for the District of Wisconsin · 1860
- Hayes v. ShieldsSupreme Court of Pennsylvania · 1797
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