Edwards Manufacturing Co. v. Ashland Sheet Mill Co.

Hamilton Circuit Court

Edwards Manufacturing Co. v. Ashland Sheet Mill Co.

11 Ohio C.C. (n.s.) 479, 1908 Ohio Misc. LEXIS 244

DecidedJanuary 25, 1908

StatusPublished

This text of 11 Ohio C.C. (n.s.) 479 (Edwards Manufacturing Co. v. Ashland Sheet Mill Co.) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edwards Manufacturing Co. v. Ashland Sheet Mill Co., 11 Ohio C.C. (n.s.) 479, 1908 Ohio Misc. LEXIS 244 (Ohio Super. Ct. 1908).

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Opinion

Where a motion to discharge an attachment is sustained, and the. plaintiff, within thirty days thereafter, or sooner if so ordered by the court,-files -a petition in error and an undertaking, for the retention of the attached property, it is a sufficient compliance with -the provisions of Section 5563&, Revised Statutes.

An affidavit for attachment which contains the statement that ‘•‘the defendant is a non-resident of said state of Ohio,” when aided by the .averment in the petition, which is sworn to positively, ‘-‘that the- defendant is a corporation duly organized under -the laws of-Kentucky,”-is equivalent to. a statement that the defendant is a foreign corporation.

- An affidavit for .attachment upon the ground that -the defendant is a foreign, corporation must affirmatively show that such [480]*480corporation is not within the exceptions contained in Subdivision 1, Section 5521, Revised. Statutes, and it is not aided by an averment in the petition, though sworn to positively, that the defendant is “doing business at Ashland, Kentucky,” as such statement does not exclude the fact that it may also be doing business in this state and owning or using a part of its capital or plant in this state.

Judgment affirmed.

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Where a motion to discharge an attachment is sustained, and the. plaintiff, within thirty days thereafter, or sooner if so ordered by the court,-files -a petition in error and an undertaking, for the retention of the attached property, it is a sufficient compliance with -the provisions of Section 5563&, Revised Statutes.

An affidavit for attachment which contains the statement that ‘•‘the defendant is a non-resident of said state of Ohio,” when aided by the .averment in the petition, which is sworn to positively, ‘-‘that the- defendant is a corporation duly organized under -the laws of-Kentucky,”-is equivalent to. a statement that the defendant is a foreign corporation.

- An affidavit for .attachment upon the ground that -the defendant is a foreign, corporation must affirmatively show that such [480]*480corporation is not within the exceptions contained in Subdivision 1, Section 5521, Revised. Statutes, and it is not aided by an averment in the petition, though sworn to positively, that the defendant is “doing business at Ashland, Kentucky,” as such statement does not exclude the fact that it may also be doing business in this state and owning or using a part of its capital or plant in this state.

Judgment affirmed.

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Bluebook (online)

11 Ohio C.C. (n.s.) 479, 1908 Ohio Misc. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-manufacturing-co-v-ashland-sheet-mill-co-ohcircthamilton-1908.