Gano v. White
Ohio Supreme Court
This was a wrij; of error brought to reverse a judgment rendered by the conrt of common pleas of Hamilton county, in favor of the defendants, as assignees of Riddle. The defendants in error pleaded in bar to the writ of error certain proceedings in chancery, which they set out in their plea, and alleged that they operated as a release of errors, and to this plea the plaintiff in error demurred. The case was adjourned for decision here by the Supreme Court of Hamilton county.
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This was a wrij; of error brought to reverse a judgment rendered by the conrt of common pleas of Hamilton county, in favor of the defendants, as assignees of Riddle. The defendants in error pleaded in bar to the writ of error certain proceedings in chancery, which they set out in their plea, and alleged that they operated as a release of errors, and to this plea the plaintiff in error demurred. The case was adjourned for decision here by the Supreme Court of Hamilton county. The facts of the case are as follow : The plaintiff in error was indebted to Riddle in a considerable sum of money, for…
1Opinion of the Court
By the Court:
The plea must be overruled. It has never been held that a bill in equity to enjoin a judgment at law is of itself a*releaseof errors.. The execution of such a release is often, in some courts perhaps-always, made a condition of allowing an injunction. When that is done, the party proceeding upon his bill would be held to have executed the release, and precluded from reversing the judgment for error, although no release were, in fact, executed. But here-there was no such order, and neither our statute, nor any rule of court makes it necessary, that a release of errors should…
2Cited by1 opinion
- Adams v. Camden Safe Deposit & Trust Co.Supreme Court of New Jersey · 1938