Noble v. Arnold
Ohio Supreme Court
Error to the District Court of Pickaway county. Noble had obtained a judgment against Arnold, in the Court of Common Pleas of Pickaway county. On October 16, 1866, Arnold brought an action in the same court against Noble for a new trial of the case, and obtained an injunction restraining him from the collection of the judgment. Under the order of the court an undertaking was filed in the case, of which the following is a copy : “HENRY ARNOLD V. JOSHUA H. NOBLE.
Read the full summary
Error to the District Court of Pickaway county. Noble had obtained a judgment against Arnold, in the Court of Common Pleas of Pickaway county. On October 16, 1866, Arnold brought an action in the same court against Noble for a new trial of the case, and obtained an injunction restraining him from the collection of the judgment. Under the order of the court an undertaking was filed in the case, of which the following is a copy : “HENRY ARNOLD V. JOSHUA H. NOBLE. "Court of Common Pleas of Pickaway County, Ohio. “We bind ourselves to the defendant, Joshua H. Noble, in ¡the sum of one thousand…
1Opinion of the CourtDay, J.
It is apparent from the petition that the injunction granted in the proceeding for a new trial was ancillary only, and not the object of the proceeding. From this fact, and the averment that the petition was dismissed, at the same term in which the injunction was dissolved, the-general language used in the petition does not leave it entirely clear but that the liability, which is the basis of the recovery sought, was incurred in defeating the proceeding, and not alone in procuring a dissolution of the injunction. But we think the latter is the fair construction of the petition. The demurrer,…
2Cases cited9 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Edwards v. BodineNew York Court of Chancery · 1844
- Corcoran v. . JudsonNew York Court of Appeals · 1861
- Garrett v. LoganSupreme Court of Alabama · 1851
- Ah Thaie v. Quan WanCalifornia Supreme Court · 1853
4 more not listed; retrieve them via the Exa API.