City of Cincinnati v. Cameron
Ohio Supreme Court
The petition was filed November 6, 1869, and is simply on an account for labor, materials, etc., in building the Cincinnati Hospital, and is as follows: “ The above-named plaintiffs, Wesley M. Cameron, Dell Cameron, and Joseph O. Sawyer, partners as W. M. Cameron & Co., say that the above-named defendant is justly indebted to them in the sum of sixty-four thousand five hundred and fourteen ninety-two one-hundredths ($64,-514.92) dollars on an account, a copy of which is…
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The petition was filed November 6, 1869, and is simply on an account for labor, materials, etc., in building the Cincinnati Hospital, and is as follows: “ The above-named plaintiffs, Wesley M. Cameron, Dell Cameron, and Joseph O. Sawyer, partners as W. M. Cameron & Co., say that the above-named defendant is justly indebted to them in the sum of sixty-four thousand five hundred and fourteen ninety-two one-hundredths ($64,-514.92) dollars on an account, a copy of which is hereunto annexed, marked ‘Exhibit A.’ “Wherefore these plaintiffs demand judgment against the said defendant for the said…
1Opinion of the CourtWright, J.
We will first dispose of sundry assignments •of error, which may be said to be preliminary to the main questions involved.
The city alleges error in the action of the referee in this: After the trial before him had begun, Cameron, against objection, filed a paper, styled “ supplemental petition,” claiming an additional sum for items not mentioned in the ■original account. Counsel for the city say, with truth, that under section 142 of the code a supplemental petition may be filed, alleging facts “ occurring after the former petition,” etc., but we do not think that the mere name gives force to…
2Cases cited19 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Smith v. . BradyNew York Court of Appeals · 1858
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
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