Legal Opinion

Hootman v. Shriner

Ohio Supreme Court

Decided December 15, 1864Published

Error to tbe court of common pleas of Ashland county. Reserved in the district court. At the February term, 1857, of the court of common pleaa of Ashland county, in a proceeding against one Simon Courts, under the act of February 2, 1824, “for the maintenance and support of illegitimate children,” Mary Shriner, defendant in error, obtained an order of court that Courts, who was adjudged the reputed, father of her bastard child, should stand charged with its maintenance, in…

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Error to tbe court of common pleas of Ashland county. Reserved in the district court. At the February term, 1857, of the court of common pleaa of Ashland county, in a proceeding against one Simon Courts, under the act of February 2, 1824, “for the maintenance and support of illegitimate children,” Mary Shriner, defendant in error, obtained an order of court that Courts, who was adjudged the reputed, father of her bastard child, should stand charged with its maintenance, in the sum of two hundred dollars, and pay costs of prosecution, and give security for the performance of the order. This he…

1Opinion of the CourtBrinkerhoee, C. J.

Section 173 of the code of civil procedure (3 Curwen’s Stat. 1963), provides that “any person causing another to be committed to jail under the provisions of this chapie7;’, (chapter 1, title 8), “shall be liable, in the first instance, for the jail fees, and shall, if required by the jailor, pay such fees -weekly in advance; and such fees, so paid, shall be a part of the costs of the case.” And in Gill v. Miner, 13 Ohio St. Rep. 282, it was held that the failure by the plaintiff in execution to pay such fees in advance, on demand by the jailor, would justify the sheriff in discharging the…

2Cases cited2 opinions

  1. Morgan v. BoydOhio Supreme Court · 1862
  2. Richardson v. SpencerOhio Supreme Court · 1833

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