Swearingen's Administrators v. Swearingen

Ohio Supreme Court

Swearingen's Administrators v. Swearingen

1 Wright 108, 1 Ohio Ch. 108

DecidedSeptember 15, 1832

StatusPublished

This text of 1 Wright 108 (Swearingen's Administrators v. Swearingen) 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

Swearingen's Administrators v. Swearingen, 1 Wright 108, 1 Ohio Ch. 108 (Ohio 1832).

Pincite

Opinion

BY THE COURT.

The right to file a bill for a discovery in aid of a suit at law, is undoubted. But it does not necessarily follow, that the cause shall be delayed. If the party hold back his bill for a discovery, until the cause is called on for trial, and he would wait for the answer, it is incumbent upon him to excuse his delay, and show cause why time should be given him. The bill in this case discloses no cause for the delay, except the complainant’s own acts. The cause must proceed. The parties then agreed to a judgment.

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BY THE COURT.

The right to file a bill for a discovery in aid of a suit at law, is undoubted. But it does not necessarily follow, that the cause shall be delayed. If the party hold back his bill for a discovery, until the cause is called on for trial, and he would wait for the answer, it is incumbent upon him to excuse his delay, and show cause why time should be given him. The bill in this case discloses no cause for the delay, except the complainant’s own acts. The cause must proceed. The parties then agreed to a judgment.

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Bluebook (online)

1 Wright 108, 1 Ohio Ch. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swearingens-administrators-v-swearingen-ohio-1832.