Winters National Bank & Tr Co. v. Midland Acceptance Corp.
Ohio Court of Appeals
1Opinion of the Court
OPINION
By HORNBECK, PJ.
Error was prosecuted by plaintiff and the intervenor trustee in cases which are numbered 1249 and 1250 in this court. Upon presentation of the cases it was agreed by counsel that determination might be made upon the appeal case and the error cases held in abeyance.
The preliminary questions presented and which before consideration of the case on its merits must be determined favorably either to the plaintiff or to the intervening trustees, are: Does the plaintiff have the right to proceed upon the allegations of its petition? Does the intervening petitioner, the trustee…
2Cases cited11 opinions
- Higgins v. McCreaSupreme Court of the United States · 1886
- Wasserman v. McDonnellMassachusetts Supreme Judicial Court · 1906
- Labarre v. Burton-Swartz Cypress Co.Supreme Court of Louisiana · 1910
- Brictson Mfg. Co. v. WoodroughCourt of Appeals for the Eighth Circuit · 1922
- Hannah & Hogg v. Richter Brewing Co.Michigan Supreme Court · 1907
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3Cited by3 opinions
- Dater v. Charles H. Dater Foundation, Inc.Ohio Court of Appeals · 2006
- Jersey Boulevard Corp. v. Lerner Stores Corp.Court of Appeals of Maryland · 1935
- Preferred Automobile Ins. v. GuthrieOhio Court of Appeals · 1936