Ellis & Morton v. Ohio Life Insurance & Trust Co.
Ohio Supreme Court
Error to tbe Superior Court of Cincinnati. The original action was one of assumpsit, brought in the court of common pleas of Hamilton county, Pecember 29,1852, but *re■moved to the Superior Court of Cincinnati, by consent of parties, May 11, 1854. The declaration is for money had and received, money paid, money lent, and money found to be due on an account ■.stated. The plea is the general issue.
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Error to tbe Superior Court of Cincinnati. The original action was one of assumpsit, brought in the court of common pleas of Hamilton county, Pecember 29,1852, but *re■moved to the Superior Court of Cincinnati, by consent of parties, May 11, 1854. The declaration is for money had and received, money paid, money lent, and money found to be due on an account ■.stated. The plea is the general issue. On the 14th of June, 1854, at a special term of the Superior Court, held by the Hon. Bellamy Storer, the cause came on to be tried by jury. When the plaintiffs had produced all their evidence and…
1Opinion of the CourtRanney, J.
We can not consider it necessary to enter at much length upon an examination of the power of the courts of this state to order a peremptory nonsuit. If any question can be said ■to be settled, this must be so regarded. There is reason to believe that the power has been constantly exercised since the first organization of the state government; and it is certain that, since 1813r the power has been expressly and repeatedly recognized by the legislature. From- that time to this, by numerous statutory provisions, the party against whom such a judgment has been given has been secured in the right…
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