Berger v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Ohio Supreme Court

Berger v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

87 Ohio St. (N.S.) 471

CourtOhio Supreme Court

DecidedOctober 22, 1912

DocketNo. 12979

StatusPublished

This text of 87 Ohio St. (N.S.) 471 (Berger v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berger v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co., 87 Ohio St. (N.S.) 471 (Ohio 1912).

Pincite

Opinion

It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is, hereby affirmed.

It appearing, however, that the issues presented and tried in the common pleas court did not involve the right of the plaintiff in error to recover the balance, if any, remaining from the sale of the property in question by the defendant in error after the deduction of all proper charges against :he same, it is ordered that the judgment in these [472]*472proceedings shall be without prejudice to the right of plaintiff in error to maintain an action therefor.

Spear, Johnson and O’Hara, JJ., concur.

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It is ordered and adjudged by this court, that the judgment of the said circuit court be, and the same is, hereby affirmed.

It appearing, however, that the issues presented and tried in the common pleas court did not involve the right of the plaintiff in error to recover the balance, if any, remaining from the sale of the property in question by the defendant in error after the deduction of all proper charges against :he same, it is ordered that the judgment in these [472]*472proceedings shall be without prejudice to the right of plaintiff in error to maintain an action therefor.

Spear, Johnson and O’Hara, JJ., concur.

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Bluebook (online)

87 Ohio St. (N.S.) 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-v-cleveland-cincinnati-chicago-st-louis-railway-co-ohio-1912.