State ex rel. Owens v. Trustees of Section 29
Ohio Supreme Court
This is an alternative mandamus from the county of Hamilton. At the April term of said court, 1840, by order of court, an alternative mandamus was issued, commanding the defendants to pay over to the “Roman Catholic Church of Delhi township ” an equal dividend of the rents of section No. 29, in said township, due for the years 1837, ’38, ’39, or to appear before the court forthwith, and show cause why the same should not be paid over.
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This is an alternative mandamus from the county of Hamilton. At the April term of said court, 1840, by order of court, an alternative mandamus was issued, commanding the defendants to pay over to the “Roman Catholic Church of Delhi township ” an equal dividend of the rents of section No. 29, in said township, due for the years 1837, ’38, ’39, or to appear before the court forthwith, and show cause why the same should not be paid over. The defendants appeared, and time was given to make return, and on September 14, in the same year, the return was filed. In this return the defendants allege:…
1Opinion of the CourtHitcncocK, J.
This case is presented to the court in somewhat of a singular aspect. A mandamus was issued on the relation of Philip Owens and others, claiming to be the members of the Roman Catholic Society of Delhi township, to which a return was regularly made by the defendants. The statute regulating proceedings in cases of this description, requires “ that whenever a return shall be made to any such writ, the person prosecuting such writ may demur, or plead, to all or any of the material facts contained in the said return ; to which the person making such return shall reply, take issue, or demur; and…
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