2 Blackf. 45 | Ind. | 1827
The action was brought by Gilman in the Franklin Circuit Court, on a judgment obtained in the Court of Common Pleas of Hamilton county, state of Ohio.- The declaration states the recovery of the judgment, as by the record thereof, noto-remaining in the said Court of Common Pleas, more fully appears. This is sufficient even on special demurrer. Oyer of a record is never granted. Rex v. Amery, 1 T. R. 149
The only point on which we have hesitated, is the third
The judgment is affirmed, with 5 per cent; damages and costs.
Vide Harlow v. Becktle, Vol. 1. of these Rep. 237.
Vide Savage v. Meriam, Vol. 1. of these Rep. 176, and note.—Helm v. Van VFleet, Ibid. 342.
The county in the margin of the declaration held a sufficient venue, on special demurrer. Duncan v. Passenger, 8 Bing. 355.