Ohio Circuit Courts, 1894

Columbus v. Schneider

Columbus v. Schneider
Ohio Circuit Courts · Decided October 6, 1894 · Shearer, Stewart
12 Ohio Cir. Dec. 778; 1894 Ohio Misc. LEXIS 495
Columbus v. Schneider

Opinion of the Court

Stewart, J.

The petition in this case is voluminous and involved in its allegations; much that is recited seems to us valueless in the pleading. The real cause of action is the enforcement of a lien for the improvement of North High street, and by the amendment to the petition it appears that in a proper proceeding, in a proper tribunal and between the proper parties, the claim set forth in the petition was adjudged to be a lien upon the premises described in the petition in favor of this plaintiff and that it is unpaid.

Hence no question in regard to the “Penn Act”or the statute of limitation can arise in view of these allegations.

The demurrer will be overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.