Hamilton Circuit Court, 1905

State v. Mandery

State v. Mandery
Hamilton Circuit Court · Decided August 1, 1905 · Giffen, Jelke, Swing
20 Ohio C.C. Dec. 832

Counsel

W. H. Ellis, Atty. Gen., and C. F. Williams, for plaintiff in error., Renner & Renner and Eugene Heim, for defendant in error.

State v. Mandery

Opinion of the Court

JELKE, P. J.

We are of opinion that the trial court erred in directing the verdict at the close of all the testimony.

The issue of fact as to whether the specific property was included in and part of the original canal property of the state should have been submitted to the jury — there was enough testimony to require this.

*833The court’s view of the law was erroneous and not in accord with State v. Railway, 53 Ohio St. 189 [41 N. E. Rep. 205], et seq.

Judgment reversed.

Giffen a,nd Swing, JJ., concur.

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