Ferguson v. Miller

Ohio Supreme Court

Ferguson v. Miller

5 Ohio 459

DecidedDecember 15, 1832

StatusPublished

This text of 5 Ohio 459 (Ferguson v. Miller) 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

Ferguson v. Miller, 5 Ohio 459 (Ohio 1832).

Pincite

Opinion

By the Court :

The position is undoubtedly correct that a decree upon the merits binds all parties to it. But the defense should be made by plea. The demurrer admits the truth of the statements in the bill, in which it is alleged that the former suit was dismissed without any investigation of the ultimate ^liability of the sureties. If the defense be good in this case, it must be presented in another manner.

Demurrer overruled, and the suit is directed to stand for answer.

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By the Court :

The position is undoubtedly correct that a decree upon the merits binds all parties to it. But the defense should be made by plea. The demurrer admits the truth of the statements in the bill, in which it is alleged that the former suit was dismissed without any investigation of the ultimate ^liability of the sureties. If the defense be good in this case, it must be presented in another manner.

Demurrer overruled, and the suit is directed to stand for answer.

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Bluebook (online)

5 Ohio 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-miller-ohio-1832.