Hirth v. Graham
Ohio Supreme Court
Error to the Circuit Court of Morrow county. The plaintiff in error recovered a judgment before a justice of the peace of Morrow county, which, upon error being brought to the court of common pleas, was affirmed.
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Error to the Circuit Court of Morrow county. The plaintiff in error recovered a judgment before a justice of the peace of Morrow county, which, upon error being brought to the court of common pleas, was affirmed. The case was then taken on error to the circuit court, where the judgments of the court of common pleas and of the justice were both reversed; whereupon this proceeding was instituted to reverse the judgment of the latter court and to re-instate and affirm the reversed judgments. The facts will be found in the opinion of the court.
1Opinion of the CourtBradbury, J.
The plaintiff in error brought an action before a justice of the peace to recover of the defendant in error damages alleged to have been sustained on account of the refusal of the latter to perform a contract by which he had sold to the plaintiff in error certain growing timber:
The defendant attempted to secure the dismissal of the action on the ground that the justice had no jurisdiction of an action for the breach of such a contract. Failing in this, and the action being tried to a jury, he requested the justice to instruct the jury “that if they find from the evi*59dence that the trees about…
2Cases cited16 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Owens v. LewisIndiana Supreme Court · 1874
- Cool v. Peters Box & Lumber Co.Indiana Supreme Court · 1882
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Smith v. BryanCourt of Appeals of Maryland · 1853
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