Johnson v. Wallace
Ohio Supreme Court
This cause was reserved, in the county of Miami, for the purpose of settling a question of practice. The action was assumpsit, upon a long-running account between the parties. The plaintiff’s bill of particulars contained' one hundred and seventy-five distinct items; the defendants’ bill contained upward of two hundred items.
Read the full summary
This cause was reserved, in the county of Miami, for the purpose of settling a question of practice. The action was assumpsit, upon a long-running account between the parties. The plaintiff’s bill of particulars contained' one hundred and seventy-five distinct items; the defendants’ bill contained upward of two hundred items. The defendants moved the court to make an order referring the accounts to an accountant to examine, to hear evidence, to state the accounts, strike a-balance, and report the result to the next term of the court, reserving all questions of law. The plaintiff’s counsel…
1Opinion of the Court
*Judge Wood
delivered the opinion of the court:
It is admitted by all that a discretionary power vested in the court to settle controversies of this nature in the manner proposed by this motion, would very greatly add to.the probability of doing; *353•substantial justice between the parties. In the hurried terms of the Supreme Court on the circuit, it is extremely difficult, consistent with other business, to devote the time necessary to a single case of this character, which certain and impartial justice would seem to require; and besides, the jury is frequently composed of men not.familiar with…
2Cited by3 opinions
- State Ex Rel. Allstate Insurance v. GaulOhio Court of Appeals · 1999
- Jensen v. Republic Steel Corp.Cuyahoga County Common Pleas Court · 1940
- Danley v. DanleySupreme Court of Arkansas · 1860