Young v. Colby

Ohio Supreme Court

Young v. Colby

1 Wright 85, 1 Ohio Ch. 85

DecidedAugust 15, 1832

StatusPublished

This text of 1 Wright 85 (Young v. Colby) 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

Young v. Colby, 1 Wright 85, 1 Ohio Ch. 85 (Ohio 1832).

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Opinion

COLLETT, J.

The law provides (22 O. L. 400) for the service of the scire facias, in the same way summonses are served. The summons before a justice is required to be served iat least three days before the time fixed for trial; ib. 393. The service, therefore, in this case, was not good, and as the proceedings were ex parte, nothing has been waived.

The judgment of the Court of Common Pleas, affirming that of the justice of the peace, is reversed, with costs; and, as the Court of Common Pleas should have rendered a judgment, reversing the justice’s judgment, that judgment under our statute is now rendered here; 29 O. L. 77.

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COLLETT, J.

The law provides (22 O. L. 400) for the service of the scire facias, in the same way summonses are served. The summons before a justice is required to be served iat least three days before the time fixed for trial; ib. 393. The service, therefore, in this case, was not good, and as the proceedings were ex parte, nothing has been waived.

The judgment of the Court of Common Pleas, affirming that of the justice of the peace, is reversed, with costs; and, as the Court of Common Pleas should have rendered a judgment, reversing the justice’s judgment, that judgment under our statute is now rendered here; 29 O. L. 77.

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Bluebook (online)

1 Wright 85, 1 Ohio Ch. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-colby-ohio-1832.