Benedict v. Schaettle
Ohio Supreme Court
Error to tbe superior court of Cincinnati. Tbis was an action of replevin, brought November 24,1856, in the superior court of Cincinnati, by Schaettle against Benedict; and the issue between the parties, involving the right of property in certain goods, was submitted to the court, and there having been a finding for the plaintiff in the action, there was a motion for a new trial by the defendant, which being overruled, a bill of exceptions was allowed and signed.
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Error to tbe superior court of Cincinnati. Tbis was an action of replevin, brought November 24,1856, in the superior court of Cincinnati, by Schaettle against Benedict; and the issue between the parties, involving the right of property in certain goods, was submitted to the court, and there having been a finding for the plaintiff in the action, there was a motion for a new trial by the defendant, which being overruled, a bill of exceptions was allowed and signed. The bill of exceptions states, that it was in evidence for the plaintiff that on the — day of September, 1856, he sold the goods…
1Opinion of the CourtGhqlson, J.
According to the decision in House v. Elliott, 6 Ohio St. Rep. 497, which applies in this case, we can not inquire as to the weight of evidence on which any finding of fact was made in the court below. The finding must be against law. Assuming every fact which the evidence may tend to prove, in support of the finding and judgment of the court below, do those facts fail to establish the right of the plaintiff in the action to recover ? We need not, therefore, say whether there was sufficient evidénce to show that Johnson, to whom the goods were sold, was insolvent. There was; we think,…
2Cases cited4 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Bearce v. BarstowMassachusetts Supreme Judicial Court · 1812
- Rogers v. ThomasSupreme Court of Connecticut · 1849
- Stevens v. WheelerNew York Supreme Court · 1858