Legal Opinion

Newark, Somerset, & Straitsville R. R. v. Commissioners of Perry County

Ohio Supreme Court

Decided December 15, 1876Published

Error to the District Court of Perry county. The case is a controversy submitted, without action, on an agreed statement, under the provisions of section 495 of the code of. civil procedure. The petition, which is the only pleading, is signed by both parties, and is as follows : “Court oe Common Pleas, Perry County, Ohio. “ The Corn’rs of Perry County, Ohio, Plaintiffs, 1 v. I “ The Newark, Somerset, & Straitsville R. R. Co., Defts.

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Error to the District Court of Perry county. The case is a controversy submitted, without action, on an agreed statement, under the provisions of section 495 of the code of. civil procedure. The petition, which is the only pleading, is signed by both parties, and is as follows : “Court oe Common Pleas, Perry County, Ohio. “ The Corn’rs of Perry County, Ohio, Plaintiffs, 1 v. I “ The Newark, Somerset, & Straitsville R. R. Co., Defts. J “The said plaintiff- and defendant represent that a question of dispute exists between them respecting the liability of the said defendant, to make and maintain…

1Opinion of the Court

Day, Chief Judge.

The case is a proceeding under section 495 of the code, providing for the submission of matters-of controversy to the court without action. The section is as follows: “ Parties to a question which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends,, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real,, and the proceedings in good faith to determine the rights of the parties.…

2Cases cited2 opinions

  1. Trustees of Hobart College v. FitzhughNew York Court of Appeals · 1863
  2. Williams v. City of RochesterNew York Supreme Court · 1869

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