Elstner v. Fife
Ohio Supreme Court
Error to the District Court of Clinton county. On the 4th clay of March, 1870, John C. Elstner and Eliza J., his wife, and Thomas B. M. Jeffrey and Mary E., his wife, brought their action in the Court of Common Pleas of Clinton county, against Matthew Fife, James Killen, surviving executor of Joseph Reed, deceased, Oliver F. Mitchell and wife, and Chauncey F. Truesclale, heirs of Beebe Truesclale, deceased, and Levi Gtustin, administrator de bonis non of Joseph Reed,…
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Error to the District Court of Clinton county. On the 4th clay of March, 1870, John C. Elstner and Eliza J., his wife, and Thomas B. M. Jeffrey and Mary E., his wife, brought their action in the Court of Common Pleas of Clinton county, against Matthew Fife, James Killen, surviving executor of Joseph Reed, deceased, Oliver F. Mitchell and wife, and Chauncey F. Truesclale, heirs of Beebe Truesclale, deceased, and Levi Gtustin, administrator de bonis non of Joseph Reed, deceased. They allege in their petition that Eliza J. and Mary E. are legatees of Joseph Reed, a resident of Clinton county,…
1Opinion of the CourtDay, J.
It is claimed in behalf of the defendant that the case is one in which the plaintiffs had no right of appeal to the district court, and that, therefore, the judgment of the common pleas in favor of the defendant must stand, though that of the district court should be reversed.
No motion was made to dismiss the appeal, nor has any objection to the jurisdiction of the district court been taken in any form oilier than that now taken in argument; nor would such objection have been of any avail to the defendant, if it had been interposed of record at an earlier stage of the case; for the case made…
2Cases cited3 opinions
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Roome v. . PhilipsNew York Court of Appeals · 1863
- Larrowe v. BeamOhio Supreme Court · 1841