Ohio Reports Volume 17

Ohio Reports Volume 17

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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. 1868 edition. Excerpt: ... voidable, was expressly decided in Walker v. Walker, 14 Ohio St. 157. But whatever effect may be given to the decree-or to the verdict of a jury in such case--we have no hesitation in saying, that that effect must be confined to "the parties" in the cause. The-words "the parties," in the section quoted, can have no other legitimate meaning than that of parties to the proceeding. VoL. XVII.--25 This is their primary legalmeaning, and that such is their import here is quite obvious, from their being used in connection with the subject of a "bill in chaneery," which, of itself, implies proper parties. That meaning is made still more obvious from the fact, that to give the words any other meaning would do injustice, by depriving persons in interest of a day in court. The meaning cannot be parties in interest, because such had been spoken of before as " persons interested." And in the subsequent clause, where the efi'ect of the probate is declared, it is said it "shall be forever binding," without naming any parties upon whom it is to be so binding. If the same meaning was intended in both places, why were different forms of expression employed"! W'hy use the words " between the parties," in the one case, and omit them in the other'! It seems to us quite plain that it was because the intention was to e.vpress, what, in fact, ought to be implied in all proceedings in "chancery," that none but "the parties" to the proceeding were to be bound thereby. Indeed, the counsel for Lamb seem to rest their whole defense upon an implication, arising from the fact that the proceeding was " in chancery." It is alone t'rom this fact...show more

Product details

  • Paperback
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236953800
  • 9781236953803