Orr v. Schackel

Court of Common Pleas of Ohio, Hamilton County

Orr v. Schackel

5 Ohio N.P. 246

CourtCourt of Common Pleas of Ohio, Hamilton County

DecidedFebruary 15, 1896

StatusPublished

This text of 5 Ohio N.P. 246 (Orr v. Schackel) is published on Counsel Stack Legal Research, covering Court of Common Pleas of Ohio, Hamilton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Orr v. Schackel, 5 Ohio N.P. 246 (Ohio Super. Ct. 1896).

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Opinion

SPIEGEL, J.:

Petition in error granted. Cause dismissed at cost of defendant in error, because Justice had no jurisdiction. Sec. 584, par. 4, must be construed together with sec. 583, par. 7, and sec. 582, and thus construing it, a Justice can only obtain jurisdiction over a non-resident of his township in a civil action, where the order to attach property accompanying the summons is made effective by attachment of the property; otherwise, [247]*247not. Paine’s Lessees v. Moreland, 15 Ohio, 435; Cooper v. Reynolds, 10 Wall., 308; Work, Jurisdiction, p. 45.

Wm. R. Collins, for plaintiff in error. P. E. Friend, for defendant in error.

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SPIEGEL, J.:

Petition in error granted. Cause dismissed at cost of defendant in error, because Justice had no jurisdiction. Sec. 584, par. 4, must be construed together with sec. 583, par. 7, and sec. 582, and thus construing it, a Justice can only obtain jurisdiction over a non-resident of his township in a civil action, where the order to attach property accompanying the summons is made effective by attachment of the property; otherwise, [247]*247not. Paine’s Lessees v. Moreland, 15 Ohio, 435; Cooper v. Reynolds, 10 Wall., 308; Work, Jurisdiction, p. 45.

Wm. R. Collins, for plaintiff in error. P. E. Friend, for defendant in error.

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Bluebook (online)

5 Ohio N.P. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orr-v-schackel-ohctcomplhamilt-1896.

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