Brewer v. Connecticut
Ohio Supreme Court
Bill in Chancery. From Portage. The bill in this ease was-originally filed in the court of Common Pleas, and the cause was heard there upon the bill, answers, exhibits and testimony, and a decree rendered, by consent of parties, against the defendants. From this decree the defendants gave notice of appeal, and perfected the appeal "by bail, according to law.
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Bill in Chancery. From Portage. The bill in this ease was-originally filed in the court of Common Pleas, and the cause was heard there upon the bill, answers, exhibits and testimony, and a decree rendered, by consent of parties, against the defendants. From this decree the defendants gave notice of appeal, and perfected the appeal "by bail, according to law. In the Supreme Court a motion was submitted by the complainants’ counsel, to dismisjs the appeal, and this motion, as well as the questions upon the merits of the ease, are now before the court. The facts of the case are so fully stated…
1Opinion of the Court
By the Court,
Hitchcock, Judge.
The motion to dismiss the appeal in this case, is founded upon the supposition that an appeal in ■chancery can not be sustained where the decree in the court below, and from which the appeal was taken, is entered by consent. That such is the ease in England and New York, would seem to be evident, from the authorities cited by the complainants’ counsel. But before these authorities can be considered as effective in this state, it must be shown that the laws of the countries where the decisions were made, are similar to our own upon the subject of appeals. This…
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