Weil v. Guerin
Ohio Supreme Court
William E. Guerin, on November 16, 1880, brought suit in the court of common pleas of Franklin county, against Julius H. Weil, surviving partner of Walker & Weil. The petition,omitting caption, signature of counsel, and verification, is as follows: “The plaintiff says that William Walker and Julius H. Weil were late partners as Walker & Weil, and engaged as partners in the merchandise business at Gallia county, Ohio. That in the fall of 1878, the said William Walker died.
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William E. Guerin, on November 16, 1880, brought suit in the court of common pleas of Franklin county, against Julius H. Weil, surviving partner of Walker & Weil. The petition,omitting caption, signature of counsel, and verification, is as follows: “The plaintiff says that William Walker and Julius H. Weil were late partners as Walker & Weil, and engaged as partners in the merchandise business at Gallia county, Ohio. That in the fall of 1878, the said William Walker died. That Weil is the surviving partner in said late firm. That on or about May 1, 1878, and during the lifetime of William…
1Opinion of the CourtOkey, J.
1. In Ohio, as well as in England and a majority of the states, pleas in abatement are no longer in use; but the principle, that the pendency of a former suit, legal or equitable, between the same parties for the same cause, is matter of defense to a second suit in a court of the same state, has its foundation in justice, and is firmly established. Rev. Stats. §§ 5062, 5064, 5069, 5071; Gardner v. Clark, 21 N. Y. 399; Erb v. Perkins, 32 Ark. 429; Bond v. Wagner, 28 Ind. 462; Woody v. Jordan, 69 N. C. 189; Pomeroy’s Rem. *302§| 698, 711. In Insurance Co. v. Brune, 96 U. S. 588, and. Spence v.…
2Cases cited9 opinions
- Insurance Co. v. Brune's AssigneeSupreme Court of the United States · 1878
- Gardner v. . ClarkNew York Court of Appeals · 1860
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
- Burgoyne v. Ohio Life Insurance & Trust Co.Ohio Supreme Court · 1855
- Ritter v. . WorthNew York Court of Appeals · 1874
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