Nichol v. Patterson
Ohio Supreme Court
This cause was adjourned from the county of Belmont, where it came before the court upon a writ of certiorari to the court of common pleas, in the following case: The plaintiff brought an action on the case against the defendant for a nuisance, in causing the water to flow back on plaintiff’s land by a mill-dam. The suit was brought before a justice of the peace, and judgment rendered against the defendant, who took the ease, by appeal, before the court of common pleas.
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This cause was adjourned from the county of Belmont, where it came before the court upon a writ of certiorari to the court of common pleas, in the following case: The plaintiff brought an action on the case against the defendant for a nuisance, in causing the water to flow back on plaintiff’s land by a mill-dam. The suit was brought before a justice of the peace, and judgment rendered against the defendant, who took the ease, by appeal, before the court of common pleas. A declaration was filed, pleas put in, an issue joined, and an order of survey made. After all these proceedings, the…
1Opinion of the Court
By the Court :
Three questions are presented for the consideration of the court:
1. Had the justice jurisdiction of this action?
2. Have the parties waived jurisdiction by pleading, suffering, ■continuances, etc. ?
3. If the court of common pleas had no jurisdiction, could a judgment be rendered for costs on dismissal ?
1. The cases excepted from the jurisdiction of justices of the peace are “actions against justices of the peace for misfeasance in office, actions of ejectment brought to obtain possession of lands and tenements, actions of replevin, actions of slander, actions on contracts for…
2Cases cited3 opinions
- Hulsecamp v. TeelSupreme Court of the United States · 1796
- Smith v. ElderNew York Supreme Court · 1808
- Homer v. MartinNew York Supreme Court · 1826