Legal Opinion

Buckeye Pipe Line Co. v. Fee

Ohio Supreme Court

Decided May 8, 1900Published

Error to tbe Circuit Court of Allen county. Tbe action below was by William G. Fee against tbe Buckeye Pipe Line Company to recover for a refusal to obey an order of tbe court of common pleas of Allen county, directing tbe company, as garnishee, to turn over to tbe sheriff of that county 1036 barrels of crude petroleum oil, which, it was alleged, tbe company’s answer showed was in its possession belonging to Miller, Tallmage & Russell, against whom Fee bad recovered judgment…

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Error to tbe Circuit Court of Allen county. Tbe action below was by William G. Fee against tbe Buckeye Pipe Line Company to recover for a refusal to obey an order of tbe court of common pleas of Allen county, directing tbe company, as garnishee, to turn over to tbe sheriff of that county 1036 barrels of crude petroleum oil, which, it was alleged, tbe company’s answer showed was in its possession belonging to Miller, Tallmage & Russell, against whom Fee bad recovered judgment for $535.90, interest and costs. The answer of the defendant below admitted the recovery of the judgment as stated, the…

1Opinion of the CourtSpear, J.

A preliminary question was made by •defendant in error in the circuit court, and is renewed here, with respect to the sufficiency of the motion for new trial, and attention is called to the form of the motion, which is: “First, that the judgment

is not sustained by sufficient evidence; and, second, it is contrary to law.” It is contended that the motion is not sufficient to bring the evidence in the record up for review because the attack is made, not upon the finding or decision of the court, but upon the judgment, and hence the evidence cannot be examined in a reviewing court for any…

2Cases cited8 opinions

  1. Rose v. HimelySupreme Court of the United States · 1808
  2. Houston v. WilliamsCalifornia Supreme Court · 1859
  3. Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
  4. Illinois Central Railroad v. CobbIllinois Supreme Court · 1868
  5. Western Railroad v. Thornton & AceeSupreme Court of Georgia · 1878

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