Smith v. Whitbeck
Ohio Supreme Court
ERROR to the district of Lorain county. In December, 1859, Alpheus D. Smith filed a complaint, before a justice of the peace in Lorain county, against John J. Whitbeck and Horatio N. Whitbeck, for the unlawful and forcible entry and detention of a tavern stand, at Grafton station, in that county. Summons was served on John J. Whitbeck, but was returned “ not found ” as to Horatio N. Whitbeck.
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ERROR to the district of Lorain county. In December, 1859, Alpheus D. Smith filed a complaint, before a justice of the peace in Lorain county, against John J. Whitbeck and Horatio N. Whitbeck, for the unlawful and forcible entry and detention of a tavern stand, at Grafton station, in that county. Summons was served on John J. Whitbeck, but was returned “ not found ” as to Horatio N. Whitbeck. January 24,1860, the cause was tried before the justice, to a jury; and the plaintiff, Smith, to maintain the issue on his part, offered in evidence a lease between himself and Horatio N. Whitbeck, made…
1Opinion of the CourtSutlifR, C. J.
There are numerous exceptions presented in the record, to the holding of the justice of the peace, upon the trial before him. It was really a trial of the right of possession between the parties. When the plaintiff, Smith, gave in evidence the lease showing an unexpired term granted by the defendant to him, it made a prima facie case, on his part, to recover possession of the premises. It then became necessary for the defendant, Whitbeck, to show that the term, which, by the indenture or lease, appeared to have been conveyed by Whitbeck to him, Smith, really did not exist in fact. This might…
2Cases cited1 opinion
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
3Cited by9 opinions
- Prout v. RobySupreme Court of the United States · 1872
- Lamson Consol. Store Service Co. v. BowlandCourt of Appeals for the Sixth Circuit · 1902
- Johnston v. HargroveSupreme Court of Virginia · 1885
- Acme Precision Building, Ltd. v. Dayton Forging & Heat Treating, Inc. (In Re Acme Precision Building, Ltd.)United States Bankruptcy Court, S.D. Ohio · 1982
- Bates & Springer, Inc. v. NayOhio Court of Appeals · 1963
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