Legal Opinion

Squires v. Martin

Ohio Circuit Courts

Decided July 1, 1904Published

The case of Emma E. Squires, plaintiff in error, against Joseph Martín,. administrator of the estate of Martha Simpson, deceased, defendant in error, is an action brought by the plaintiff against the defendant, Joseph Martin, as such administrator, before William Hickson, justice of the peace of Jackson township, Coshocton county, and was tried to a jury, March 26, 1891, resulting in a verdict and judgment for the plaintiff and judgment for costs.

1Opinion of the Court

Upon the trial before the justice, the defendant, Martin, moved to dismiss the action, “on the ground that the plaintiff’s bill of particulars does not set out and allege the appointment of ihe defendant, and his capacity as administrator of Martha Simpson, deceased, and does not allege that the claim on which this action is founded was presented to the defendant as such aiministrator, and rejected by him.”

*314The justice overruled this motion, to which Martin by his attorneys excepted, and the plaintiff was permitted to amend her bill of particulars, by stating on the margin (although it is not…

2Cases cited1 opinion

  1. Bancroft & Co. v. TalbottOhio Supreme Court · 1876

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