Legal Opinion

Stockwell v. Coleman

Ohio Supreme Court

Decided December 15, 1859Published

Error to the district court of Hamilton county. On the 3d of April, 1852, the plaintiff brought suit before a justice of the peace of Cincinnati townshij), upon the record of a judgment rendered against the defendant on the 14th of January, 1845, by a justice of the peace in the State of Indiana. Judgment was rendered upon the record of the Indiana judgment and the case came up to the common pleas by appeal.

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Error to the district court of Hamilton county. On the 3d of April, 1852, the plaintiff brought suit before a justice of the peace of Cincinnati townshij), upon the record of a judgment rendered against the defendant on the 14th of January, 1845, by a justice of the peace in the State of Indiana. Judgment was rendered upon the record of the Indiana judgment and the case came up to the common pleas by appeal. To a declaration in debt, upon the record of the Indiana judgment, the defendant pleaded that the same had not been rendered within four years next before the commencement of the suit…

1Opinion of the CourtSutlirr, J.

The act for the limitation of actions in this state, at the time of the commencement of the action in the case presented by the record, was the act of February 18, *1831. It is provided by the first section of that act as follows:

“ That all actions hereinafter mentioned, shall be commenced within the several times hereinafter limited, after the cause of such action shall have accrued, and not after:
“1. Actions of ejectment, or any other action for the recovery of the title, or possession of lands, tenements, or hereditaments, within twenty-one years.
“ 2. Actions for forcible entry and detainer, or…

2Cases cited5 opinions

  1. Pease v. HowardNew York Supreme Court · 1817
  2. Todd v. CrumbU.S. Circuit Court for the District of Ohio · 1850
  3. Hubbell v. CoudreyNew York Supreme Court · 1809
  4. Nooe v. BradleyIndiana Supreme Court · 1832
  5. Berry v. M'DonaldIndiana Supreme Court · 1845

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