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…
1DissentBirchard, Judge
I can not deny but that the opinion given in the case of the Canal Boat Huron v. Simmons, 11 Ohio, 458, is broad enough to embrace this ease, and to sustain the reversal of the judgment of the court of Common Pleas. But I do not regard that decision as definitely settling the law, because the same question had been twice differently ruled upon the circuit, by Judge Wood and myself; and the case in 11 Ohio, was, in fact, determined by three judges, (in consequence of my having been counsel for one of the parties,) and one of the three dissented. So far, then, as the question depends upon the…
2Cases cited2 opinions
- Johnson v. Steam-Boat SanduskyNew York Supreme Court · 1830
- Yale v. CoddingtonNew York Supreme Court · 1839