Legal Opinion

Hare v. Cook

Ohio Circuit Courts

Decided February 21, 1905Published

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

  1. Remington v. HarringtonOhio Supreme Court · 1838

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