Dorflinger v. Coil

Ohio Supreme Court

Dorflinger v. Coil

2 Ohio 311

CourtOhio Supreme Court

DecidedDecember 15, 1826

StatusPublished

Cited by1 cases

This text of 2 Ohio 311 (Dorflinger v. Coil) 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

Dorflinger v. Coil, 2 Ohio 311 (Ohio 1826).

Pincite

Opinion

By the Court :

The bill makes no case of either surprise or mistake, but only a case of negligence. Had the defendant attended the sitting of [288]*288the court, and paid proper attention to his business, a judgment by default could not have passed against him. It is no sufficient apology for abandoning all attention to a suit in court, that counsel informed the party it could not be tried at the first term. However great the hardship, a court of equity never relieves in a case of this character.

The demurrer must be sustained, and the bill dismissed.

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By the Court :

The bill makes no case of either surprise or mistake, but only a case of negligence. Had the defendant attended the sitting of [288]*288the court, and paid proper attention to his business, a judgment by default could not have passed against him. It is no sufficient apology for abandoning all attention to a suit in court, that counsel informed the party it could not be tried at the first term. However great the hardship, a court of equity never relieves in a case of this character.

The demurrer must be sustained, and the bill dismissed.

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Bluebook (online)

2 Ohio 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorflinger-v-coil-ohio-1826.

Opinion

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