Legal Opinion

Hart v. Manahan

Ohio Supreme Court

Decided June 7, 1904No. 8418Published

Error to the Circuit Court of Erie county. The defendant in error brought suit in the court of common pleas of Erie county to enjoin the plaintiff in error from enforcing by civil action, a personal judgment which he recovered against her in the court of common pleas of Lucas county, Ohio, at its September term, in A. D. 1897, in the sum of $3,199.26 and costs of that action.

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Error to the Circuit Court of Erie county. The defendant in error brought suit in the court of common pleas of Erie county to enjoin the plaintiff in error from enforcing by civil action, a personal judgment which he recovered against her in the court of common pleas of Lucas county, Ohio, at its September term, in A. D. 1897, in the sum of $3,199.26 and costs of that action. The plaintiff in error joined issue on the petition for injunction, and on hearing of the case thus brought, the court of common pleas found for Hart, plaintiff in error, except as to a certain amount of interest,…

1Opinion of the CourtPrice, J.

We learn from the record that, when Mrs. Manahan commenced her suit for injunction in Erie county, there were two actions instituted by Hart pending against her, one in the supreme court of New York county, New York, and the other in the circuit court of Essex county, in the state of New Jersey. These actions were based on the judgment Hart had obtained against her in the court of common pleas of Lucas county, Ohio, which appears in the statement of the case. In connection with the actions on the judgment, attachment and garnishee proceedings were instituted by Hart to reach the proceeds of…

2Cases cited2 opinions

  1. Callen v. EllisonOhio Supreme Court · 1862
  2. Ankeney v. HannonSupreme Court of the United States · 1893

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