Neil v. Board of Trustees
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the judgment of the District Court of Eranklin county. The original action was brought in the court of common pleas by the defendant, the Board of Trustees of the Ohio Agricultural and Mechanical College, against the defendant, Jonas E. Rudisill, and the plaintiff, Robert E. Neil.
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Motion for leave to file a petition in error to reverse the judgment of the District Court of Eranklin county. The original action was brought in the court of common pleas by the defendant, the Board of Trustees of the Ohio Agricultural and Mechanical College, against the defendant, Jonas E. Rudisill, and the plaintiff, Robert E. Neil. The petition was as follows : “ The plaintiff says that on or before January 19, 1871, said defendant, Jonas E. Rudisill (among others) in consideration of securing the location of the Ohio Agricultural and Mechanical College at its present site, in Eranklin…
1Opinion of the CourtBoynton, J.
The demurrer to the second defense in the answer was properly overruled. The facts therein stated, .as we understand them, are, in substance, that- at the time the subscription and guaranty were delivered to the trustees of the college, and by them accepted, it was understood and agreed between the parties, by a contract resting in parol, that Neil was not to become liable on the guaranty, until an effort to collect the sum subscribed from the subscriber, Rudisill, by legal process, had been made and failed.
The manifest purpose, as well as the direct tendency of proof supporting the averment…
2Cases cited5 opinions
- Forsythe v. KimballSupreme Court of the United States · 1876
- Berkshire v. ShultzIndiana Supreme Court · 1865
- Davis v. RandallMassachusetts Supreme Judicial Court · 1874
- Truesdell v. RhodesWisconsin Supreme Court · 1870
- Mornan v. CarrollSupreme Court of Iowa · 1872