Calvin v. State
Ohio Supreme Court
Error to the district court of Brown county. The defendant in error, filed a petition in the court of common pleas of Brown county, to recover the amount due upon a forfeited recognizance, acknowledged by Alfred Squires, Roily B. Calvin, Henry Thomas and John B. Stump, in open court, and conditioned for the appearance of the said Alfred Squires, to answer to two indictments for horse-stealing, pending against him in said court of common pleas. .It appears from the averments…
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Error to the district court of Brown county. The defendant in error, filed a petition in the court of common pleas of Brown county, to recover the amount due upon a forfeited recognizance, acknowledged by Alfred Squires, Roily B. Calvin, Henry Thomas and John B. Stump, in open court, and conditioned for the appearance of the said Alfred Squires, to answer to two indictments for horse-stealing, pending against him in said court of common pleas. .It appears from the averments of the petition, that on November 14, 1854, two indictments for horse-stealing being then pending in said court of…
1Opinion of the CourtPeck, J.
The counsel for the plaintiffs in error ask a reversal of the judgment on several grounds, which will be noticed in their order.
1. It is insisted that the court of common pleas erred in submitting the issues of fact to a jury, before disposing of the demurrer to the petition.
The demurrer (filed September 27, 1855,) was to the entire cause of action set forth in the petition. The defendants (November 9, 1855), without' having sought or obtained any decision upon the demurrer, answered the petition, denying any and all indebtedness arising out of the facts therein stated, and on the 15th of…
2Cases cited4 opinions
- Buford v. BufordSupreme Court of Virginia · 1814
- Lyons v. StateIndiana Supreme Court · 1824
- State v. ClemonsSupreme Court of Iowa · 1859
- Pennsylvania & Ohio Canal Co. v. WebbOhio Supreme Court · 1839