Hare v. Cook
Ohio Circuit Courts
Error to Cuyahoga common pleas court. Whether on an appeal, under Lan. R. L. 10071 (R. S. 6494), from the decision of a justice of the peace overruling a motion filed to discharge an attachment, evidence may be heard on other grounds than those assigned in the original motion filed before such justice. Rogers v. PrushansJcy, 13-23.0. C. C. 271; Remington v. Harrington, 8 Ohio 507.
1Opinion of the CourtMarvin, J.
Suit was brought by Hare against Cook before a justice of the peace, and upon an affidavit filed by Hare an order of attachment was issued. The grounds stated in the affidavit for the attachment are:
“That the defendants are justly indebted to the plaintiff in the sum of $24 for rent; that said claim is just and lawful; that he believes said plaintiff ought to recover thereon the amount of $24, and that the property about to be attached is not exempt from execution; that the *290claim on which judgment is sought is contracted for since April 26, 1898, and that said "defendant is about to convert…
2Cases cited1 opinion
- Remington v. HarringtonOhio Supreme Court · 1838