Norris v. Brotherhood of Railway Clerks' Nat'l Bank

Ohio Court of Appeals

Norris v. Brotherhood of Railway Clerks' Nat'l Bank

183 N.E. 92, 43 Ohio App. 396, 13 Ohio Law. Abs. 141, 1932 Ohio App. LEXIS 396

CourtOhio Court of Appeals

DecidedApril 4, 1932

StatusPublished

Cited by2 cases

This text of 183 N.E. 92 (Norris v. Brotherhood of Railway Clerks' Nat'l Bank) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Norris v. Brotherhood of Railway Clerks' Nat'l Bank, 183 N.E. 92, 43 Ohio App. 396, 13 Ohio Law. Abs. 141, 1932 Ohio App. LEXIS 396 (Ohio Ct. App. 1932).

Pincite

Opinion

ROSS, PJ.

This action was therefore one at law, and under §11379 GC, the case was triable to a jury, unless waived. Lust v Farmers’ Bank & Savings Co., 114 Oh St 312, 320, 151 NE 189; Raymond v T., St. L. & K. C. R. Co., 57 Oh St 271, 288, 48 NE 1093; Smith v Anderson, 20 Oh St 76, 81; 15 Ohio Jurisprudence 209, §46.

A jury was not waived, but as appears in the judgment entry the court instructed a verdict for the plaintiff, which was the equivalent of denying the defendants a jury trial. This constituted prejudicial and reversible error. Newnam’s Lessee v City of Cincinnati, 18 Ohio, 323, 333; 15 Ohio Jurisprudence, 211, §48.

It was .the duty of the trial court to pass upon the equitable defense and then submit the case to the jury with proper instructions upon all the issues in the case.

The judgment of the Court of Common Pleas will be reversed, and the cause remanded for a new trial.

HAMILTON and CUSHING, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI