Barr v. Poor

Citations

• 18 Ohio C.C. Dec. 257
• 7 Ohio C.C. (n.s.) 333
• 1906 Ohio Misc. LEXIS 346

Syllabus

<p>EVIDENCE — STATUTE OF FRAUDS — JUDGMENTS AND DECREES.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Scintilla Rule Still in Force in this State.</p> <p>Until the Supreme Court sees fit to modify or abolish the “scintilla rule,” it is the duty of a nisi prius judge to follow and apply it, notwithstanding his personal inclination, or his opinion as to the merits of the case.</p> <p>2. Fact Relating solely to Remedy, etc., is not Res Adjudicata.</p> <p>A fact pertaining to the remedy, procedure and measure of evidence and not to the essential merits of a controversy is not res adjudicata; hence a suit decided solely upon a question of the statute of frauds is not a bar to a subsequent action on the same contract, but not involving this question.</p> <p>[Syllabus by the court.]</p>