Gwynne v. Jones
Ohio Circuit Courts
On appeal from the Court of Common' Pleas of Franklin County. Submitted on general demurrers to the petition. The petition alleges that on the 14th day of March, 1857, Ichabod G. Jones died testate, leaving Cynthia K. 'Jones, his widow, and Louise C. Jones and three of the defendants his heirs at law, that Louise C. Jones having intermarried with one Baldwin Gwynne, died, leaving the plaintiffs her children and only heirs. By his last will, Ur.
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On appeal from the Court of Common' Pleas of Franklin County. Submitted on general demurrers to the petition. The petition alleges that on the 14th day of March, 1857, Ichabod G. Jones died testate, leaving Cynthia K. 'Jones, his widow, and Louise C. Jones and three of the defendants his heirs at law, that Louise C. Jones having intermarried with one Baldwin Gwynne, died, leaving the plaintiffs her children and only heirs. By his last will, Ur. Jones appointed P. B. Wilcox, John Miller and the defendant, James L. Bates, trustees of certain property, including the real estate in controversy…
1Opinion of the CourtShauck, J.
This petition defies the familiar rules that the petition must contain “a statement of the facts constituting the cause of ac*302tion, in ordinary and concise language,” and that evidence must not be pleaded. The will and deed might, in the progress of the case, become important as evidence, and the plats might become convenient for illustration; but that they ought not to encumber the record is too clear for controversy.
The real question is whether the petition should be reformed by motion, or held insufficient on demurrer. Section five thousand and eighty-five of the Revised Statutes provides…
2Cases cited5 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Larimore v. WellsOhio Supreme Court · 1875
- Jackson ex dem. Hudson v. AlexanderNew York Supreme Court · 1808
- Foote v. City of CincinnatiOhio Supreme Court · 1842
- Lynd v. CaylorOhio Superior Court, Cincinnati · 1855