Moore v. Alexander Adie's Administrator
Ohio Supreme Court
This is a writ of error to the Supreme Court for Hamilton county. Alexander Adie, in his lifetime, commenced an action of ■ debt against the plaintiffs in error, in the superior court of Cincinnati. The declaration alleges that Adie, on the 12th day of December, 1842, filed his bill in chancery in “ the Louisville chancery court,” against said Moore and Green and one Benj.
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This is a writ of error to the Supreme Court for Hamilton county. Alexander Adie, in his lifetime, commenced an action of ■ debt against the plaintiffs in error, in the superior court of Cincinnati. The declaration alleges that Adie, on the 12th day of December, 1842, filed his bill in chancery in “ the Louisville chancery court,” against said Moore and Green and one Benj. E. Clark, to which they filed their answers; that such proceedings were thereupon had, that afterwards, to wit, on the 3d day of December, 1844, at Louisville, in the State of Kentucky, it was amongst other things decreed…
1Opinion of the CourtSpalding, J.
The action is that of debt upon a record. The plea says there is no such record. The record is offered in evidence, and objections are raised to its validity, which we will proceed to consider.
It is claimed that the court in Kentucky had no jurisdiction; and, consequently, that the decree is void and cannot be en forced.
The bill filed in the Louisville court makes a clear cáse for *437the interposition of a court of chancery, if jurisdiction be conceded. It seeks to rescind a contract for the purchase of land, entered into by the complainant with the defendants Moore & Green, and to recover back…
2Cases cited2 opinions
- Howard v. HowardMassachusetts Supreme Judicial Court · 1818
- Evans v. TatemSupreme Court of Pennsylvania · 1823
3Cited by42 opinions
- State v. GardnerOhio Supreme Court · 2008
- People v. EdwardsCalifornia Court of Appeal · 1925
- State v. AdamsOhio Supreme Court · 1978
- Browning v. StateOhio Supreme Court · 1929
- State v. LakesOhio Court of Appeals · 1964
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