J. D. Smith Foundry & Sup. Co. v. Lorain County Banking Co.

Citations

• 26 Ohio C.C. Dec. 640
• 18 Ohio C.C. (n.s.) 603
• 1908 Ohio Misc. LEXIS 354

Syllabus

<p>REPLEVIN.</p> <p>Right of Property or Possession Must be Found Before Judgment for Defendant Can be Entered.</p> <p>In an action in replevin, where the issues are submitted to the court without the intervention of a jury, it is error for the court to find for the defendant and assess his damages without first finding whether, at the beginning of the action the right of property, or the right of possession only, was in the defendant, and this finding must be carried into the judgment entry.</p>