Reckner v. Warner
Ohio Supreme Court
Error to the District Court of Hamiltou county. The original action was brought in the Court of Common Pleas of Hamilton county, by the defendant in error, against the plaintiff' in error, to restrain him from opening a new county road through the premises of the plaintiff below.
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Error to the District Court of Hamiltou county. The original action was brought in the Court of Common Pleas of Hamilton county, by the defendant in error, against the plaintiff' in error, to restrain him from opening a new county road through the premises of the plaintiff below. The petition alleges the ownership of the locus in quo to be in the plaintiff; that the order of the county commissioners locating and establishing the road, and the order to the supervisor to open the same, had been made without the consent of the plaintiff', and without compensation for the right of way over his…
1Opinion of the CourtMcIlvaine, J.
There is no controvei’sy between, the parties as to the material facts appearing in the testimony set out in the bill of exceptions.
The proceedings which resulted in the order to open the road, issued to the plaintiff in error as supervisor of the road district, were in strict conformity to the provisions of the statute of January 27, 1853 (S. & O. 1289), then in *289force. It appears, also, that the defendant in error was present at the time and place appointed for the view, for the purpose of claiming damages; but one of the viewers failing to attend, the claim was not presented, and the view…
2Cases cited9 opinions
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Beers v. BeersSupreme Court of Connecticut · 1823
- State v. BenekeSupreme Court of Iowa · 1859
- Emerick v. HarrisSupreme Court of Pennsylvania · 1808
- State v. Brennan's LiquorsSupreme Court of Connecticut · 1856
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