Benckenstein v. Schott
Ohio Supreme Court
Error to the Court of Appeals of Hamilton county. Plaintiffs in error, Julius and George Benckenstein, applied by petition to the court of common pleas of Hamilton county for a writ of habeas corpus. They alleged in their petition that they were unlawfully restrained of their liberty and imprisoned by defendant in error in the jail of Hamilton county and that said imprisonment and detention was without legal authority.
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Error to the Court of Appeals of Hamilton county. Plaintiffs in error, Julius and George Benckenstein, applied by petition to the court of common pleas of Hamilton county for a writ of habeas corpus. They alleged in their petition that they were unlawfully restrained of their liberty and imprisoned by defendant in error in the jail of Hamilton county and that said imprisonment and detention was without legal authority. To the petition is attached a copy of the commitment, from which it appears that on December 30, 1914, in causes pending in the supreme court of the state of New York for…
1Opinion of the CourtNewman, J.
In the original code of civil procedure, enacted in 1853 (51 O. L., 57), there was no provision for the taking of depositions in Ohio to be used outside the state. In 1854, however, there was passed an act which authorized any party to a civil action, cause or matter pending before any court of any other state, district or territory of the United States, to obtain the testimony of any witness residing in this state, to be used in such other state, district or territory (52 O. L., 27). Section 4 of this act was as follows:
“Sec. 4. If any person shall refuse or neglect to attend at the time and…
2Cases cited3 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- Iowa Central Railway Co. v. IowaSupreme Court of the United States · 1896
- People ex rel. MacDonald v. LeubischerAppellate Division of the Supreme Court of the State of New York · 1898