Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Bemis
Ohio Supreme Court
Error to tbe Superior Court of Cincinnati. The action below was by Frank Bemis against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company to recover damages for false imprisonment. It appeared by the petition that the action was brought more than one year from the time the cause of action arose, but that within one year from such time a suit had been brought on the same cause of action in the United States circuit court.
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Error to tbe Superior Court of Cincinnati. The action below was by Frank Bemis against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company to recover damages for false imprisonment. It appeared by the petition that the action was brought more than one year from the time the cause of action arose, but that within one year from such time a suit had been brought on the same cause of action in the United States circuit court. Also that the Wagner Palace Car Company, a New York corporation, was made defendant in the action in the circuit court, and that, a demurrer to the petition by…
1Opinion of the Court
Spear. J.
It is conceded that the action is barred and that the dismissal of the case by the court below at Special Term was right, and its judgment should be affirmed and the judgment of reversal by the General Term reversed, unless the cause is saved by section 4991, Revised Statutes, which is as follows: “If, in an action commenced, or attempted to be commenced, in due time, a judgment for the plaintiff be reversed, or if the plaintiff fail otherwise than upon the merits, and the time limited for the commencement of such action has, at the date of such reversal *28or failure, expired, the…
2Cases cited10 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Smith v. McNealSupreme Court of the United States · 1883
- Walden v. BodleySupreme Court of the United States · 1840
- Sweet v. Electric Light Co.Tennessee Supreme Court · 1896
- Doyle v. StateOhio Supreme Court · 1848
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