Brock v. Milligan
Ohio Supreme Court
This is a writ of error to the court of common pleas of the county of Fairfield. The original suit was an action of assumpsit, brought by the defendant in error, who wasplaintiff in the court below, to recover for services rendered as a physician, at the special instance and request of the defendant below.
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This is a writ of error to the court of common pleas of the county of Fairfield. The original suit was an action of assumpsit, brought by the defendant in error, who wasplaintiff in the court below, to recover for services rendered as a physician, at the special instance and request of the defendant below. The general issue was pleaded, and a verdict and judgment given for the defendant in error, in the court of common pleas, which is now sought to be reversed by the prosecution of this suit. But one error is assigned. It is in these words: “ The court of common pleas erred in refusing to…
1Opinion of the CourtWood, J.
The question raised upon the record, in this case, is, whether the court of common pleas erred in the rejection of Atwood’s deposition ? Much learning has been expended by many of the ancient writers, in defining the nature and obligations of an oath. Fleta. 344, lib. 5, c. 22; Brae. fol. 116; Brit, de Chal, de Jurors, 135, c. 53; Fortes. de Laud. Leg. Anglica. 58, c. 26; 2 Co. Inst. 479 ; 3 Inst. 165, c. 14; 1 Atk. 22, etc. But by Chief Justice Abbot, in the queen’s case, an oath is declared to be the calling upon God to witness, that what is said by the person sworn is true, and invoking…
2Cases cited6 opinions
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Hunscom v. HunscomMassachusetts Supreme Judicial Court · 1818
- Jackson ex dem. Tuttle v. GridleyNew York Supreme Court · 1820
- Curtiss v. StrongSupreme Court of Connecticut · 1809
- Wakefield v. RossU.S. Circuit Court for the District of Rhode Island · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
41 more not listed; retrieve them via the Exa API.