Legal Opinion
Goings v. Black
Court of Common Pleas of Ohio, Franklin County, Civil Division
Decided January 21, 1960No. Nos. 202624 and 202625PublishedCited by 4 opinions
1Opinion of the Court
OPINION
By LEACH, J.
In the recent case of State, ex rel. Crow, v. Weygandt, C. J., 170 Oh St 81, Mr. J. Harvey Crow sought to be made a party to a case in Fayette County, Ohio, for malicious prosecution on the ground that he had acquired a financial interest in such cause by assignment by the original party plaintiff. In that case the Supreme Court held that since a cause of action for malicious prosecution does not survive, such cause of action cannot be assigned.
In the opinion of Taft, J., at page 83, it is stated:
“However, we would be less than human if we were not curious as to whether…
2Cases cited4 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Fisk v. HenarieOregon Supreme Court · 1886
- Day v. KentOregon Supreme Court · 1854
- In re Disbarment of CrowDistrict Court, N.D. Ohio · 1959
3Cited by4 opinions
- Waterman v. StateAppellate Division of the Supreme Court of the State of New York · 1963
- Travelers Ins. v. LutzAkron Municipal Court · 1964
- In Re SchmelzerDistrict Court, S.D. Ohio · 1972
- Motorists Mut. Ins. v. BatesFranklin County Municipal Court · 1972