James H. v. Marlow
Ohio Supreme Court
Error to the court of common pleas of Knox county. *In the common pleas, Marlow, plaintiff below (now defendant in error), brought an action of trespass on the case, against Jamos H. and Jacob Ash, for malicious prosecution.
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Error to the court of common pleas of Knox county. *In the common pleas, Marlow, plaintiff below (now defendant in error), brought an action of trespass on the case, against Jamos H. and Jacob Ash, for malicious prosecution. The declaration avers that James H. and Jacob Ash falsely and maliciously, and without any reasonable or probable cause, prosecuted the said Marlow before a justice of the peace, for having willfully and maliciously burned, or caused to be burned, four sacks of wheat, the personal goods, etc., of said James H. and Jacob Ash, and that said justice required said Marlow to…
1Opinion of the CourtSpalding, J.
The several bills of exceptions will be noticed in their order.
*109In bill of exceptions “A,” we find that the deposition of one-Levi Marlow, introduced by the defendant' in error, was objected to because the notice was not sealed up and returned with the deposition.
The bill shows that the notice was found among a large quantity of depositions on file in the cases that said paper referred to, and the certificate of the magistrate showed the deposition to have been taken under “ the inclosed notice.”
The proper service and transmission of the notice was proved by the oath of one of the attorneys.
The…
2Cited by9 opinions
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- Enos v. StewartCalifornia Supreme Court · 1902
- Ayersville Water & Sewer Dist. v. GeigerOhio Court of Appeals · 2012
- Regan v. WalshOhio Superior Court, Cincinnati · 1901
- Cowen v. State ex rel. DonovanOhio Supreme Court · 1920
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