Pennsylvania & Ohio Canal Co. v. Webb
Ohio Supreme Court
Assumpsit. From Trumbull. The declaration contains two counts t one for instalments due on stock in the company subscribed by the defendant, setting forth the circumstances ; the other general for money due on stock, etc., and the common money counts.
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Assumpsit. From Trumbull. The declaration contains two counts t one for instalments due on stock in the company subscribed by the defendant, setting forth the circumstances ; the other general for money due on stock, etc., and the common money counts. The defendant, demurs generally to the declaration, pleads the general issue with notice of special matter; and also two special pleas in bar, first, that' when the defendant subscribed the stock, the law provided that the canal should commence on the Portage Summit of the Ohio canal, and afterwards the plaintiffs by covin procured an alteration…
1Opinion of the Court
By the Court,
Lane, C. J.
The practice of presenting issues ol fact and law to the same pleading at the same time, which prevails in one or two circuits, is very loose. In our opinion the p arty pleading *136should be put to elect one and abandon the other. As the par*ties have in this case argued all the questions; we will examine the whole.
The plaintiffs seek to recover the amount of the defendant’s subscription to their stock. The declaration sets forth that the plaintiffs were incorporated to construct a canal between certain points therein named, upon certain routes and upon certain…
2Cited by1 opinion
- Calvin v. StateOhio Supreme Court · 1861