Legal Opinion · Concurrence

Jenifer v. Commissioners of Hamilton County

Ohio Superior Court, Cincinnati

Decided May 15, 1858No. 2,802Published

General Term. — Reserved from special term upon the questions of Jaw, arising upon a motion praying that a judgment be entered on an award.

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General Term. — Reserved from special term upon the questions of Jaw, arising upon a motion praying that a judgment be entered on an award. The plaintiff, in pursuance of a contract made with the county commissioners, had constructed a turnpike known as “the extension of the Lower River road,” and had received all the cash demanded by his contract, and on the completion of the road, on October 1, a. d. 1851, received the balance of $3,450, in county road bonds of that date, in form as follows: “ $100. State of Ohio, Hamilton County. Certificate A. Loan for road purposes, No. Eor the use of…

1ConcurrenceStorer, J.

I can not concur with the opinion just pronounced, as the case is presented.

The plaintiff having filed his petition and the defendants their answer, it appears that both parties agreed, in special term, “ to submit all matters in difference between them in the suit, to the final determination and arbitrament of Joseph Cooper and William M. Eobb, mutually chosen, one by each of the parties, the award when completed, to be entered at the succeeding term of the court, and- no exception should be taken to it by either party.”

After a full hearing of the parties, the 'arbitrators awarded in favor…

2Cases cited3 opinions

  1. Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
  2. Forseth v. ShawMassachusetts Supreme Judicial Court · 1813
  3. Orlady v. M'NamaraSupreme Court of Pennsylvania · 1840

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