Trustees of School Section v. Hough

Ohio Supreme Court

Trustees of School Section v. Hough

1 Wright 160, 1 Ohio Ch. 160

DecidedNovember 15, 1832

StatusPublished

This text of 1 Wright 160 (Trustees of School Section v. Hough) 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

Trustees of School Section v. Hough, 1 Wright 160, 1 Ohio Ch. 160 (Ohio 1832).

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Opinion

BY THE COURT.

The appraisement of the whole tract, by the acre, is prima facie an appraisement of each acre. If not so in fact, or the re-appraisement was otherwise illegal, that was matter of defence to be brought forward by the defendant, by plea, or by evidence at the trial. As there was no such defence in the court below, either upon plea or otherwise, it appears to us the conclusion of the court below was erroneous.

The judgment below is reversed, and the cause remanded for future proceedings.

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BY THE COURT.

The appraisement of the whole tract, by the acre, is prima facie an appraisement of each acre. If not so in fact, or the re-appraisement was otherwise illegal, that was matter of defence to be brought forward by the defendant, by plea, or by evidence at the trial. As there was no such defence in the court below, either upon plea or otherwise, it appears to us the conclusion of the court below was erroneous.

The judgment below is reversed, and the cause remanded for future proceedings.

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Bluebook (online)

1 Wright 160, 1 Ohio Ch. 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trustees-of-school-section-v-hough-ohio-1832.