Hays v. Galion Gas Light & Coal Co.
Ohio Supreme Court
Error to the District Court of Crawford county. The original action was brought in the common pleas by William Hays as trustee, against the Galion Gas Light and Coal Oil Company, Martin Sponhauer, William Fail, Thomas B. Burgert, Otho L. Hays, Joseph Eesselmeier, Asa C. Squires and William H. Holmes, defendants, to foreclose a mortgage.
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Error to the District Court of Crawford county. The original action was brought in the common pleas by William Hays as trustee, against the Galion Gas Light and Coal Oil Company, Martin Sponhauer, William Fail, Thomas B. Burgert, Otho L. Hays, Joseph Eesselmeier, Asa C. Squires and William H. Holmes, defendants, to foreclose a mortgage. The plaintiff stated in his petition, in substance, that the defendant, the Galion Gas Light and Coal Oil Company, was a corporation organized and incorporated in 1859, under the laws of the state; that on the 1st day of January, 1862, being largely in debt…
1Opinion of the CourtBoynton, J.
The record discloses the fact that the district court reversed the judgment of the common pleas, and sustained the demurrer to the petition, on the ground that “ said petition shows that the said defendant in error, Wil*334liam Hays, has no interest whatever in the notes and mortgage mentioned in said petition.”
It is proper to state that no judgment was rendered in the court of common pleas in favor of William Hays upon the notes, the judgment rendered being in favor of Otho L. Hays and William Eail on their respective cross-petitions.
The position assumed as a predicate for reversal must have…
2Cases cited6 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Pennock v. CoeSupreme Court of the United States · 1860
- Monument National Bank v. Globe WorksMassachusetts Supreme Judicial Court · 1869
- Police Jury v. BrittonSupreme Court of the United States · 1873
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3Cited by27 opinions
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- Wright v. HughesIndiana Supreme Court · 1889
- Brown v. City of AtchisonSupreme Court of Kansas · 1888
- Robertson v. Van CleaveIndiana Supreme Court · 1891
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