Bonewitz v. Bonewitz
Ohio Supreme Court
Error to the Circuit Court of Van Wert county. In the petition the plaintiff in error, who was plaintiff below, set out an agreement in writing, of which the following is a copy: “ Van Wert, Ohio, May 26, 1877. “ One day after date, I promise to pay to Mrs. Elizabeth E. Bonewitz, or her heirs or assigns, thirteen hundred dollars ($1,300.00), for value received.
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Error to the Circuit Court of Van Wert county. In the petition the plaintiff in error, who was plaintiff below, set out an agreement in writing, of which the following is a copy: “ Van Wert, Ohio, May 26, 1877. “ One day after date, I promise to pay to Mrs. Elizabeth E. Bonewitz, or her heirs or assigns, thirteen hundred dollars ($1,300.00), for value received. I also hereby agree for myself, myi- heirs and -assigns, that upon the presentation of this obligation to me, my heirs or assigns, by her or her heirs or assigns, to take up this obligation and in lieu thereof, to surrender to her, her…
1Opinion of the CourtSpear, J.
The ground of error alleged in the circuit court was that the common pleas erred in proceeding to trial without the intervention of a jury.
To sustain the judgment of the common pleas, it must appear, either that a jury was waived, or that the issues were such that the cause could of right be tried by the court without a jury.
Section 5130, Revised Statutes, provides that' “issues of fact arising in actions for the recovery of money only, * * * shall be tried by a jury, unless a jury trial be waived,” etc. And, by section 5204, it is provided that, in actions arising on contract, trial by juiy…
2Cases cited1 opinion
- Nicholson v. PimOhio Supreme Court · 1855