Fairchild v. Keith
Ohio Supreme Court
Motion for leave to file petition in error to reverse the judgment of the District Court of Lorain county. In the court of common pleas a general demurrer to the petition was sustained, and judgment entered for the defendants. The district court, on error, reversed this judgment, and gave judgment for costs for the plaintiff- in the courts below, who is defendant here.
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Motion for leave to file petition in error to reverse the judgment of the District Court of Lorain county. In the court of common pleas a general demurrer to the petition was sustained, and judgment entered for the defendants. The district court, on error, reversed this judgment, and gave judgment for costs for the plaintiff- in the courts below, who is defendant here. Plaintiffs here, defendants in the courts below, by this proceeding seek to obtain a reversal of the judgment of the district court, and an affirmance of that of the court ■of common pleas. The action was brought on the…
1Opinion of the CourtGilmore, J.
The petition will be held sufficient, if it appears from its averments (1) that the judicial action of the justice in the case was complete ; (2) that there was a judgment rendered for the plaintiff; and (3) that the justice neglected to perform his ministerial duties.
Under the provisions of our statute, the functions exeiv ffised by a justice in the conducting of a cause before him ■must almost necessarily be partly judicial and partly ministerial. Every act which he is required to perform involving consideration, judgment, or the exercise of a discretion, belong to the class first named;…
2Cited by3 opinions
- Maddox v. Astro InvestmentsOhio Court of Appeals · 1975
- Crystal v. TrimballKnox County Court of Common Pleas · 1911
- Nagle v. WakeyIllinois Supreme Court · 1896