Cincinnati, Columbus & Wooster Tpk. Co. v. Milford (Vil.)

Ohio Circuit Courts

Cincinnati, Columbus & Wooster Tpk. Co. v. Milford (Vil.)

22 Ohio C.C. Dec. 497

DecidedDecember 4, 1909

StatusPublished

This text of 22 Ohio C.C. Dec. 497 (Cincinnati, Columbus & Wooster Tpk. Co. v. Milford (Vil.)) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cincinnati, Columbus & Wooster Tpk. Co. v. Milford (Vil.), 22 Ohio C.C. Dec. 497 (Ohio Super. Ct. 1909).

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Opinion

GIFFEN, P. J.

An action under Gen. Code 3719, to recover from a city compensation for a turnpike included within the corporate limits, is under the code, not local, but transitory in character, and must be brought in the county where the defendant resides or may be summoned. The defendant in error is situated partly in two counties, but has its situs in Clermont county, where it must be sued in such action. Fostoria v. Fox, 60 Ohio St. 340 [54 N. E. Rep. 370].

Judgment affirmed.

Smith and Swing, JJ., concur.

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GIFFEN, P. J.

An action under Gen. Code 3719, to recover from a city compensation for a turnpike included within the corporate limits, is under the code, not local, but transitory in character, and must be brought in the county where the defendant resides or may be summoned. The defendant in error is situated partly in two counties, but has its situs in Clermont county, where it must be sued in such action. Fostoria v. Fox, 60 Ohio St. 340 [54 N. E. Rep. 370].

Judgment affirmed.

Smith and Swing, JJ., concur.

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Bluebook (online)

22 Ohio C.C. Dec. 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-columbus-wooster-tpk-co-v-milford-vil-ohiocirct-1909.