William T. Spice & Son v. Steinruck
Ohio Supreme Court
Error to the court of common pleas of Richland county. The defendant in error filed a petition in the court of common pleas of Richland county, against plaintiffs in error,-for having wrongfully, maliciously and without probable cause, procured the arrest of defendant in errer, after summons served, and before judgment in a civil action before a justice of the peace; and also for having, in like manner, caused his arrest and imprisonment upon an execution subsequently issued…
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Error to the court of common pleas of Richland county. The defendant in error filed a petition in the court of common pleas of Richland county, against plaintiffs in error,-for having wrongfully, maliciously and without probable cause, procured the arrest of defendant in errer, after summons served, and before judgment in a civil action before a justice of the peace; and also for having, in like manner, caused his arrest and imprisonment upon an execution subsequently issued upon said justice’s judgment, under circumstances of aggravation set forth in the petition, and claiming general and…
1Opinion of the Court
Peck, O.J.
The counsel for plaintiffs in error urge a reversal of the judgment upon two principal grounds :
1. That the court below erred in permitting the amended petition to be filed, after the arguments to the jury were closed and against the protest of the defendants in that action.
2. That the court also erred in charging the jury that the affidavit, upon which the order of arrest was issued, was insufficient in law, the arrest under it void, and the parties causing such arrest, in law, trespassers.
Leave to make this amendment was solicited and allowed after all the proof had been heard by…
2Cases cited6 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Loder v. PhelpsNew York Supreme Court · 1834
- Wade v. JudgeSupreme Court of Alabama · 1843
- Gorton v. FrizzellIllinois Supreme Court · 1858
- Nelson v. CutterU.S. Circuit Court for the District of Ohio · 1844
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