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action affirmed alleged amount appears application appointed assignee attached Attorney auditor authority Bank benefit bond brought cause certificate charge circuit court claim commissioners common pleas constitution construction contract corporation coupons creditors damages death Decided deed defendant defendant in error dollars duty effect equalization error et al evidence ex rel execution fact filed fund further give ground heirs held injury interest Investment issue judgment jurisdiction jury land liability March ment month mortgage necessary Ohio St owner paid park parties passed payment person petition plaintiff plaintiff in error premiums probate proceeding question Railroad Railway reason receiver record recover relator rendered returned reversed Revised Statutes road rule securities street suit sureties taken thereof tion true
Page 220 - ... such other and further relief as the nature of the case may require, and as to this court may seem meet and agreeable to equity and good conscience.
Page 139 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Page 427 - If the defendant appears, the cause becomes mainly a suit in personam, with the added incident that the property attached remains liable, under the control of the court, to answer to any demand which may be established against the defendant by the final judgment of the court. But if there is no appearance of the defendant, and no service of process on him, the case becomes in its essential nature a proceeding in rem...
Page 29 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. [3.] Special proceeding. Every other remedy is a special proceeding.
Page 128 - Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose to which he does not apply it, is a trustee, and may be sued either at law for money had and received, or in equity, as a trustee, for a breach of trust.
Page 29 - An attempt to commence an action shall be deemed equivalent to the commencement thereof within the meaning of this...
Page 64 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 324 - ... burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value two hundred dollars, for each individual, may, by general laws, be exempted from taxation...
Page 122 - Ohio:" all prosecutions shall be carried on in the name and by the authority of the State of Ohio ; and all indictments shall conclude, "against the peace and dignity of the same.
Page 392 - In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.