Job v. Harlan
Ohio Supreme Court
Error to the district court of Greene county. Harlan sued Job before a justice of the peace to recover $800 damages for chasing, injuring, wounding and killing Harlan’s sheep, by a vicious dog, owned and harbored by Job. Job moved the justice for a nonsuit for want of jurisdiction. This motion was overruled, and on May 29, 1855, Harlan obtained judgment for $76.57 and costs.
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Error to the district court of Greene county. Harlan sued Job before a justice of the peace to recover $800 damages for chasing, injuring, wounding and killing Harlan’s sheep, by a vicious dog, owned and harbored by Job. Job moved the justice for a nonsuit for want of jurisdiction. This motion was overruled, and on May 29, 1855, Harlan obtained judgment for $76.57 and costs. May 31, 1855, Harlan gave notice of appeal to the common pleas, and the transcript recites that a recognizance for appeal in $100 was entered into by Joseph R. Weakly. The transcript filed by Harlan in the common pleas,…
1Opinion of the CourtPeck, J.
The suit before the justice of the’ peace, was for the recovery of $300, for injuries to plaintiff’s sheep, by the dog of defendant. The cause, after final trial by the justice, was appealed by the plaintiff therein, to the court of common pleas of Greene county, and the first error assigned, is the refusal of that court to dismiss the appeal, for want of jurisdiction in the justice to try it.
This objection, if it be one, was saved to plaintiff it error, it having been made by him before the justice, and overruled.
In McKibben v. Lester (9 Ohio St. Rep. 627), it was-decided, and we think…
2Cases cited1 opinion
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