Dunlap v. Robinson
Ohio Supreme Court
Error t) the court of common pleas of Ross county. Suit was brought in the court below, by the defendant in error, as administrator with the will annexed of Anthony Williams, deceased, to recover of the plaintiff in error, a balance claimed to be due on a promissory note, executed and delivered to the defendant in error, in his capacity of administrator.
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Error t) the court of common pleas of Ross county. Suit was brought in the court below, by the defendant in error, as administrator with the will annexed of Anthony Williams, deceased, to recover of the plaintiff in error, a balance claimed to be due on a promissory note, executed and delivered to the defendant in error, in his capacity of administrator. The defense set up by the original answer was threefold: First, a former recovery, upon the same cause of action, in a suit before a justice of the peace, tried by a jury, and in Avhich the plaintiff below obtained a verdict and judgment in…
1Opinion of the CourtScott, J.
The record in this case, shows the amended answer not to have been filed by way of addition to the original answer, but as a substitute therefor. It purports to be, of itself, a full “ answer to the petition,” and the first defense which it sets up is inconsistent with the first defense of the original answer, and both' could not have been honestly verified by affidavit, unless the one be regarded as a correction of, and substitute for, the other. The court below, therefore, properly regarded the issue made upon the first defense of the original answer, as withdrawn by the amended answer,…
2Cases cited1 opinion
- Green v. AngelNew York Supreme Court · 1816