Bates v. Cooper
Ohio Supreme Court
This case was adjourned here for decision from the county of' Hamilton. It came before the court upon a motion made by the plaintiff for a repleader and a new trial. It was an action on thecasé brought by the plaintiff, owner of the reversion in certain-lands through which the Miami canal passed, against the defendant, charging him with entering the land unlawfully, and digging up and carrying away the soil. Two pleas were pleaded not guilty, upon which issue was joined.
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This case was adjourned here for decision from the county of' Hamilton. It came before the court upon a motion made by the plaintiff for a repleader and a new trial. It was an action on thecasé brought by the plaintiff, owner of the reversion in certain-lands through which the Miami canal passed, against the defendant, charging him with entering the land unlawfully, and digging up and carrying away the soil. Two pleas were pleaded not guilty, upon which issue was joined. A special plea in bar, alleging that the defendant was a superintendent of the Miami canal ; that a breach was made in it…
1Opinion of the Court
Opinion of the court, by
Judge Wright:
The plaintiff, who has the reversion of certain lands described in the declaration, in the possession and occupancy of his tenants, complains that the defendant entered the premises, dug up and removed the soil, etc., to his damage.
The defendant pleaded, first, not guilty, and secondly, that the-*104defendant was a superintendent of the Miamicanal, duly appointed, and a lock and part of the bank of the canal having become low and broken, the defendant, for the purpose of completing the canal and rendering it navigable, and for no other purpose, by order of the…
2Cases cited6 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Lansing v. SmithNew York Supreme Court · 1828
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- Vanderbilt v. AdamsNew York Supreme Court · 1827
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dennis O'Connor v. Rachael EubanksCourt of Appeals for the Sixth Circuit · 2023