The Annotated Revised Statutes of the State of Ohio, Including All Laws of a General Nature in Force January 1, 1900 Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ... notes to M 8 and 11, Art. VIII, of the Constitution of 1802, and fig 5 and 10, Art. I, oi the Constitution of 1851. ante 65, 66, 84, 86, as to jury trial. ) Where the facts constitunng Acausc of action entitle the arty pleading to no relief other than unset Dual lmvigmem lo money. ml -her party can appeal from the tihal judgment thereon. although other ie was prayed for in the Pleading. and granted by the court on the final trial. The remedy by Fm won of rbnoney had and received," as Prescribed in E5 of the mechanic's lien act (8. & C. 834), is the only " m9d " 1etween a sub-contractor_ and the owner, for the enforcement oi rights secured under Q20 th9_ -he apnea of fact in such action must be tried by a jury, unless a jury trial be waived: and from the iudgmfl" erein there is no anneal: i)unn & Witt 1'. Kaumacher et al.. 26 O. S. 497.,1 When non-resident defendants file a motion to dismiss. for want of jurisdiction over them, ind Bnppo t it by averified answer traversing the allegations of the petition, b showin that such non-residents are n0 rightfully joined as defendants, the issue of fact thus presented, 11 an act on for the reoove ofa money judgment. is one in Which either party has a right to have trial by jury: Drea 1: . Carringttm, 32-3 595 Issue of non-residence, triable by s.ury: 111. d b Where. in an action against severa defendants, the plaintiffs charge a conspira to defraud. 8" i: li_i'0, printion thereby. on the art of defendants, of money belonging to the plaintiifi or which um Md,8 jointiudgment against the de endants, and the answer admits the receipt of a stated sum oi money lnmf otherwise, in effect. A...