Sidebilder
PDF
ePub
[blocks in formation]

STATE ex rel. SHEETS, Atty. Gen., v. TOLEDO RY. & LIGHT CO., (No. 9,205.) (Supreme Court of Ohio. Oct. 31, 1905), Error to Circuit Court, Lucas County. Wade H. Ellis, U. G. Denman, and C. K. Friedman, for plaintiff in error. Smith & Baker, for defendant in error.

PER CURIAM. Judgment reversed on crosspetition in error, and original petition in circuit court dismissed.

DAVIS, C. J., and SHAUCK, CREW, SUMMERS, and SPEAR, J.J., concur.

STATE ex rel. TAYLOR, Pros. Atty., v. COLUMBUS RY, CO. (No. 8,657.) (Supreme Court of Ohio. Nov. 21, 1905.) Error to Circuit Court, Franklin County. Pugh & Pugh and M. B. Earnhart, for plaintiff in error. Booth, Keating & Peters, for defendant in error.

PER CURIAM. This case came on to be heard upon the transcript of the record of the circuit court of Franklin County, and was argued by counsel. On consideration whereof, it is ordered and adjudged by this court that the judgment of the said circuit court be, and the same is hereby, affirmed, on the sole ground that the defendant had present right to occupy the streets at the time of the commencement of this action. The other questions presented are not decided, and, it appearing to this court that there were reasonable grounds for this proceeding in error, it is ordered that no penalty be assessed herein. Ordered that the defendant in error recover from the plaintiff in error his

costs herein, etc. DAVIS, C. J., and SHAUCK, PRICE, CREW, and SPEAR, J.J., concur. SUMMERS,

J., not participating.

[blocks in formation]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

PER, CURIAM. Judgment reversed. It is ordered and adjudged by this court that the judgment of the said circuit court be, and the same hereby is, reversed for the reason that the court of common pleas erred on the trial of said case in refusing to admit in evidence the two letters marked Exhibit 19 and Exhibit 21 and attached to the bill of exceptions, and also for the reason that the said court erred in directing a verdict for the defendant. And, this court proceeding to render the judgment which the said circuit court should have rendered, it is hereby ordered and adjudged that the judgment of said court of common pleas be, and it hereby is, reversed, and said cause is remanded to the reversed; and this court, proceeding to render the judgment which the circuit court should have rendered, reverses the judgment and decree of the court of common pleas on the ground that, on the pleadings and controlling facts appearing in the record, the said court Was not authorized to make the decree complained of quieting title in the defendant in error. This cause is remanded to the court of common pleas, to be there proceeded with as a new action to reform the original deeds to the sons, and for other and further proceedings according to law. SHAUCK, C. J., and PRICE, CREW, SUMMERS, and DAVIS, J.J., concur.

[blocks in formation]
[blocks in formation]
[blocks in formation]

WHITNEY v. MEISTER et al. (No. 9,158.) (Supreme Court of Ohio. April 10, 1906.) Error to Circuit Court, Lucas County. Henry C. Truesdall, for plaintiff in error. Frank M. Sala, IIenry C. Truesdall, and Bierly & Dickey, for 'defendants in error.

PEIR. CURIAM. Judgment of the circuit court, reversing that of common pleas, affirmed. Final judgment of circuit court reversed. It is ordered and adjudged by this court that the judgment of the said circuit court which reversed the judgment of the court of common pleas is hereby affirmed; but the further judgment rendered by the said circuit court against the plaintiff in error is hereby reversed and held for naught, and this cause is remanded to the court of common pleas for further proceedings according to law.

SHAUCK, C. J., and PRICE, CREW, SUMMERS, and DAVIS, J.J., concur.

[blocks in formation]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Newton D. Baker, Sol., Charles J. Estep, and
Harry F. Payer, for defendant in error.
PER CURIAM. Judgment affirmed.
SHAUCK, C. J., and CREW and SPEAR,
JJ., concur.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]
« ForrigeFortsett »