Bell v. Mahaffey

Citations

• 26 Ohio C.C. Dec. 519
• 16 Ohio C.C. (n.s.) 258

Syllabus

<p>COVENANTS — PLEADING.</p> <p>Bill of Particulars for Breach of Warranty to Pay Incumbrances cannot be Corrected on Error Showing Lack of Jurisdiction because Incumbrances were on “Real Estate.”</p> <p>Where the bill of particulars filed before a justice of the peace recites that the claim is for “breach of warranty to pay incumbrances,” and there is no bill of exceptions, showing that the warranty was as to incumbrances on real estate, it will be assumed that they were upon personal property and that the justice had jurisdiction of the case; and the record can not be helped out by allegations in the petition in error filed in the common pleas court seeking a reversal of the judgment of the justice on the ground that he did not have jurisdiction of the action.</p> <p>[Syllabus by the court.]</p>