Legal Opinion

Morgan v. Boyd

Ohio Supreme Court

Decided December 15, 1862PublishedCited by 7 opinions

Error to the district court of Delaware county. Thomas Boyd, as supervisor in road district, No. 5, in Troy township, in Delaware county, brought an action before a justice of the peace, against Richard Morgan, for unnecessarily obstructing a public highway within the district, by unlawfully placing a rail fence within the limits of the highway and keeping it there, to the hinderance and inconvenience of persons making use of and passing along the highway.

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Error to the district court of Delaware county. Thomas Boyd, as supervisor in road district, No. 5, in Troy township, in Delaware county, brought an action before a justice of the peace, against Richard Morgan, for unnecessarily obstructing a public highway within the district, by unlawfully placing a rail fence within the limits of the highway and keeping it there, to the hinderance and inconvenience of persons making use of and passing along the highway. The petition, filed in the court of common' pleas of Delaware county, on appeal from the judgment of the justice of the peace against…

1Opinion of the CourtSutlifR, C. J.

It is difficult to perceive how it can be alleged that in the record before us (the case of Morgan v. Boyd), there appears to be error in another record, viz., Morgan v. William Sample, the judge. It is true, the record in the case before us, discloses the fact that the plaintiff, during the hearing of this case in the district court, had moved that court for a writ of mandamus to be allowed against one of its mem bers, Judge Sample, to sign a bill of exceptions, which, it is said, had been presented to him in the court of common pleas, at the term of the trial of the original cause in that…

2Cited by7 opinions

  1. Denny v. FaulknerSupreme Court of Kansas · 1879
  2. Brenner v. BigelowSupreme Court of Kansas · 1871
  3. Musser's v. ChaseOhio Supreme Court · 1876
  4. Butler v. McMillenSupreme Court of Kansas · 1874
  5. Brown v. Coal Co.Ohio Supreme Court · 1891

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