Ohio Circuit Courts, 1909

Cincinnati, Columbus & Wooster Tpk. Co. v. Milford (Vil.)

Ohio Circuit Courts · Decided December 4, 1909 · Giffen, Smith, Swing

22 Ohio C.C. Dec. 497

Counsel

Thorne Baker, for plaintiff in error., D, W.. Murphy, for defendant in error.

Opinion of the Court

GIFFEN, P. J.

An action under Gen. Code 3719, to recover from a city compensation for a turnpike included within the corporate limits, is under the code, not local, but transitory in character, and must be brought in the county where the defendant resides or may be summoned. The defendant in error is situated partly in two counties, but has its situs in Clermont county, where it must be sued in such action. Fostoria v. Fox, 60 Ohio St. 340 [54 N. E. Rep. 370].

Judgment affirmed.

Smith and Swing, JJ., concur.

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