Baltimore & O. R. v. Weedon
Court of Appeals for the Sixth Circuit
In .Error to tbe Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. The action was begun by the Baltimore & Ohio Railroad Company against Alfred Weedon, the clerk of the court of common pleas of Guernsey county, and his official bondsmen, to recover damages for an alleged breach of Weedon’s official' duty as such clerk.
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In .Error to tbe Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. The action was begun by the Baltimore & Ohio Railroad Company against Alfred Weedon, the clerk of the court of common pleas of Guernsey county, and his official bondsmen, to recover damages for an alleged breach of Weedon’s official' duty as such clerk. The penal sum of the bond was $10,000, and one of the conditions of it was that Weedon should well and truly do and perform, all and singular, each and every duty of his said office as clerk of the common pleas court enjoined upon him…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). Certain of the findings of fact of the circuit court are really findings of law. Thus, the court found that, as matter of law, it was the duty of the clerk to receive ánd file the petition in error and prsecipe. The court found as matter of law that it was the duty of the attorney to supervise the- action of the clerk in filing the.petition and the prsecipe and *587issuing summons (hereon. Tlie court: found, as matter of fact that the clerk did not tile the praecipe, and did not issue summons; and that, after handing the clerk the petition and praecipe, the plaintiff…
2Cases cited3 opinions
- Louisville & N. R. v. East Tennessee, V. & G. Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Cincinnati St. Ry. Co. v. WhitcombCourt of Appeals for the Sixth Circuit · 1895
- McRaney v. CoulterMississippi Supreme Court · 1860
3Cited by5 opinions
- Kentucky Coal, Timber, Oil & Land Co. v. HowesCourt of Appeals for the Sixth Circuit · 1907
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- United States ex rel. Kinney v. BellU.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- Spector v. HallanCity of New York Municipal Court · 1939
- Stark Electric Railroad v. McKean, Court of Common Pleas of Ohio, Franklin County, Civil Division1915