Morris's Administrator v. Bills

Ohio Supreme Court

Morris's Administrator v. Bills

1 Ohio Ch. 343

DecidedJune 15, 1833

StatusPublished

This text of 1 Ohio Ch. 343 (Morris's Administrator v. Bills) 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

Morris's Administrator v. Bills, 1 Ohio Ch. 343 (Ohio 1833).

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Opinion

By the Court.

The witness is entitled to a distributive share of the estate, and unless it is admitted to be insolvent, the recovery would put money in his pocket; he is inadmissible.

By the Court. This is a court of dernier resort, and we are in the constant habit, where justice requires it, to relax our rules, where mistakes have occurred, in order to avoid new trials. You can give the evidence.

[344]*344By the Court. The witness is clearly inadmissible.

The plaintiff having no other evidence, then submitted to a non suit, and the jury were discharged.

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By the Court.

The witness is entitled to a distributive share of the estate, and unless it is admitted to be insolvent, the recovery would put money in his pocket; he is inadmissible.

By the Court. This is a court of dernier resort, and we are in the constant habit, where justice requires it, to relax our rules, where mistakes have occurred, in order to avoid new trials. You can give the evidence.

[344]*344By the Court. The witness is clearly inadmissible.

The plaintiff having no other evidence, then submitted to a non suit, and the jury were discharged.

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Bluebook (online)

1 Ohio Ch. 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morriss-administrator-v-bills-ohio-1833.