Mathews v. Mackey

Cuyahoga Circuit Court

Mathews v. Mackey

33 Ohio C.C. Dec. 127, 18 Ohio C.C. (n.s.) 413, 1910 Ohio Misc. LEXIS 377

Cuyahoga Circuit Court·Decided November 28, 1910·Published

Opinion

WINCH, J.

The petition in this case is dismissed and an injunction refused for the reasons stated by Judge Babcock when deciding the ease made before him.

The only additional matter for consideration in this court is the competency of certain testimony given by Frank Cadwell, who appears as a defendant in the case.

[128] The evidence shows that he is not a necessary party to the action. His wife, upon the happening of a certain contingency, might become the owner of the premises in dispute and he then become clothed with an inchoate right of dower therein, but such remote connection with the matter is insufficient to require his appearance as a party in the case.

It is true that plaintiffs claim under a deceased former owner, but they can not exclude witnesses at will by the convenient procedure of making them parties.

Henry and Marvin, JJ., concur.

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WINCH, J.

The petition in this case is dismissed and an injunction refused for the reasons stated by Judge Babcock when deciding the ease made before him.

The only additional matter for consideration in this court is the competency of certain testimony given by Frank Cadwell, who appears as a defendant in the case.

[128] The evidence shows that he is not a necessary party to the action. His wife, upon the happening of a certain contingency, might become the owner of the premises in dispute and he then become clothed with an inchoate right of dower therein, but such remote connection with the matter is insufficient to require his appearance as a party in the case.

It is true that plaintiffs claim under a deceased former owner, but they can not exclude witnesses at will by the convenient procedure of making them parties.

Henry and Marvin, JJ., concur.

Mathews v. Mackey, 33 Ohio C.C. Dec. 127, 18 Ohio C.C. (n.s.) 413, 1910 Ohio Misc. LEXIS 377 (Ohio Super. Ct. 1910).

Pincite

33 Ohio C.C. Dec. 127 (Mathews v. Mackey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.