Linduff v. Steubenville & Richmond Plankroad Co.
Ohio Supreme Court
Error to the district court of Jefferson county. The plaintiff brought his action against the defendant, in Jefferson common pleas, to recover $800 damages, for trespass to his real estate. The cause was tried, bn appeal, in the district court, before a jury, who gave a verdict of $52 damages for the plaintiff.
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Error to the district court of Jefferson county. The plaintiff brought his action against the defendant, in Jefferson common pleas, to recover $800 damages, for trespass to his real estate. The cause was tried, bn appeal, in the district court, before a jury, who gave a verdict of $52 damages for the plaintiff. The court rendered a judgment for the plaintiff for the damages assessed, but declining to give judgment in his favor for costs, ordered and adjudged that each party should pay his own costs. The plaintiff excepted to the judgment as to costs,, and prosecutes this petition in error to…
1Opinion of the CourtPeck, C.J.
“The sum in dispute,” i. e., the damages demanded in this action, exceeded the jurisdiction of a justice of the peace, and the court of common pleas, in which the suit was commenced, had original jurisdiction to hear and determine it; although it appeared from the verdict that the damage's actually sustained, being less than one hundred dollars, were such as might have been recovered before a justice of the peace. 1 S. & C. Stat. 386, 771; Brunaugh v. Worley, 6 Ohio St. Rep. 597.
Section 552 of the code, regulating costs in actions prose*337cuted in the superior courts, provides, that “ if it…
2Cases cited1 opinion
- Reedy v. BurgertOhio Supreme Court · 1823