Lewis v. Schooner Cleveland
Ohio Supreme Court
This is a Writ of Error to the Court of Common Pleas of Cuyahoga county. By its prosecution the plaintiff in error, who was also plaintiff in the court below, seeks to reverse a judgment rendered against him at the May Term of said court, 1843. The declaration contains the common counts in assumpsit, and, among them, a count for work and labor. The defendant plead the general issue, and gave notice of setoff. The case was submitted to the court.
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This is a Writ of Error to the Court of Common Pleas of Cuyahoga county. By its prosecution the plaintiff in error, who was also plaintiff in the court below, seeks to reverse a judgment rendered against him at the May Term of said court, 1843. The declaration contains the common counts in assumpsit, and, among them, a count for work and labor. The defendant plead the general issue, and gave notice of setoff. The case was submitted to the court. A bill of exceptions was taken, from which it appears that the plaintiff on the trial, to maintain the issue on his part, proved that the defendant…
1Opinion of the Court
Wood, Judge.
This suit is brought under the “ act providing for the collection of claims against steamboats, and other watercrafts, and authorizing proceedings against the same by name.”
The first section of this statute enacts, “ that steamboats and other watercrafts navigating the waters within, or bordering upon this state, shall be liable for debts contracted on account thereof, by the master, owner, steward, consignee or other agent, for materials, supplies or labor in the building, repairing, furnishing or equipping the same, or due for wharfage ; and, also, for damages arising out of any…
2Cases cited1 opinion
- Johnson v. Steam-Boat SanduskyNew York Supreme Court · 1830
3Cited by19 opinions
- State ex rel. Special Prosecutors v. JudgesOhio Supreme Court · 1978
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- In Re KurtzhalzOhio Supreme Court · 1943
- Majnaric v. MajnaricOhio Court of Appeals · 1975
- Keesecker v. G. M. McKelvey Co.Ohio Supreme Court · 1943
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