general common law rule (Ohio) · Go Syfert
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general common law rule in Ohio

11 Ohio opinions name it 2 courts 1971–2018 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
City of Fairborn v. Munkusgreen
ohio · 1971 · cited in 3 Ohio opinions naming this issue, 1976–2018
2 sentences

2018Additionally, the state asserts that once McMillan validly stopped Dallman for the license plate offense, he was -7- Clermont CA2017-11-056 CA2017-11-057 authorized to conduct further inquiry into whether Dallman was under the influence of alcohol based on a reasonable, articulable suspicion of intoxication. {¶ 21} "The general common-law rule is that the power of a municipal police officer is limited to the boundaries of his municipality, and that he may not, even with a warrant, make an arrest outside his territory for a misdemeanor." Fairborn v. Munkus, 28 Ohio St.2d 207, 209 (1971).

1976Hn obiter dicta, the opinion in Fairborn v. Munkus (1971), 28 Ohio St. 2d 207, 209 , reads: “The general common-law rule is that the power of a municipal police officer is limited- to the boundaries of his municipality, and that he may not, even with a warrant, make an arrest outside his territory for a misdemeanor.” See, also, State v. Vanbarg (1975), 44 Ohio Misc. 11 ; State v. Elder (1953), 67 Ohio Law Abs. 385 ; Opinions of Attorney General (1974), No. 74-094.

23

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
prod.liab.rep. (Cch) P 14,948 Carla Kurczi v. Eli Lilly and Company (96-4124) Dart Industries, Inc., F/k/a Rexall Drug Company (96-4127) green
ca6 · 1997
2 sentences

1998The court based its conclusion that “the Ohio Supreme Court would not adopt a market-share theory of liability in DES cases,” id. at 1435 , on the following: (1) Ohio common law embraces the fundamental principle of tort law that a plaintiff must prove that the negligence of a particular defendant caused injury, (2) the 1988 Ohio Products Liability Act “embodies the general common law principle that a plaintiff has to prove an injury proximately caused by a particular defendant,” id. at 1432 , and (3) presuming the General Assembly was aware of the Minnich and Goldman decisions, alternative an

1998The court based its conclusion that “the Ohio Supreme Court would not adopt a market-share theory of liability in DES cases,” id. at 1435 , on the following: (1) Ohio common law embraces the fundamental principle of tort law that a plaintiff must prove that the negligence of a particular defendant caused injury, (2) the 1988 Ohio Products Liability Act “embodies the general common law principle that a plaintiff has to prove an injury proximately caused by a particular defendant,” id. at 1432 , and (3) presuming the General Assembly was aware of the Minnich and Goldman decisions, alternative an

21998–1998
cluster 487809 green
ca9 · 1987
1 sentence

2014But Worrell itself *454 actually rejects this argument, observing as it does that “the usual remedy in breach of contract cases for wrongful discharge is to pay the injured party the difference between any wages due under the contract from the date of discharge until the contract term expires.” Id. at 246 .

12014–2014
Equilease Corporation v. State Federal Savings and Loan Association, a Federal Savings and Loan Association green
ca10 · 1981
1 sentence

2006However, the Equilease Corp. court explained that "the requirement as to notice applies to the assignment of obligations * * * in order to create a liability flowing from the debtor to the assignee who failed to give notice." Id. {¶ 38} At least one Ohio court has followed this general common law rule that liability flows from a debtor to an assignee after a debtor has been notified of an assignment.

12006–2006
Meridian Bank v. Bell Fuel Corp. (In Re Bell Fuel Corp.) green
paed · 1989
1 sentence

2006In re Bell Fuel Corp. (E.D.Pa. 1989), 99 B.R. 602 , 608 .

12006–2006
Wozniak v. Wozniak green
ohioctapp · 1993
1 sentence

2000Wozniak v. Wozniak (1993), 90 Ohio App.3d 400 , 412 (the general rule in conversion actions is that plaintiff is awarded interest from the time of conversion); In re Guardianship of Ollie R.

12000–2000
City of Cincinnati v. Alexander green
ohio · 1978
2 sentences

1993It was a reflex to the Ohio Supreme Court’s decision in Cincinnati v. Alexander (1978), 54 Ohio St.2d 248 , 8 O.O.3d 224 , 375 N.E.2d 1241 .

1993It was a reflex to the Ohio Supreme Court’s decision in Cincinnati v. Alexander (1978), 54 Ohio St.2d 248 , 8 O.O.3d 224 , 375 N.E.2d 1241 .

11993–1993
State v. Elder neutral
ohmunictzanesvi · 1951
1 sentence

1976Hn obiter dicta, the opinion in Fairborn v. Munkus (1971), 28 Ohio St. 2d 207, 209 , reads: “The general common-law rule is that the power of a municipal police officer is limited- to the boundaries of his municipality, and that he may not, even with a warrant, make an arrest outside his territory for a misdemeanor.” See, also, State v. Vanbarg (1975), 44 Ohio Misc. 11 ; State v. Elder (1953), 67 Ohio Law Abs. 385 ; Opinions of Attorney General (1974), No. 74-094.

11976–1976
State v. Vanbarg neutral
ohmunicttoledo · 1975
1 sentence

1976Hn obiter dicta, the opinion in Fairborn v. Munkus (1971), 28 Ohio St. 2d 207, 209 , reads: “The general common-law rule is that the power of a municipal police officer is limited- to the boundaries of his municipality, and that he may not, even with a warrant, make an arrest outside his territory for a misdemeanor.” See, also, State v. Vanbarg (1975), 44 Ohio Misc. 11 ; State v. Elder (1953), 67 Ohio Law Abs. 385 ; Opinions of Attorney General (1974), No. 74-094.

11976–1976
State v. Anderson neutral
ohio · 1976
1 sentence

1976See Fairborn v. Munkus (1971), 28 Ohio St. 2d 207 ; also State v. Anderson (1976), 46 Ohio St. 2d 219 , where that statement in Fairborn is referred to as obiter dicta, indicating that the general rule is open for discussion.

11976–1976
Davis v. Shiappacossee green
fla · 1963
1 sentence

1971In the case of Davis v. Shiappacossee (Fla. 1963), 155 So. 2d 365 , the Supreme Court of Florida held that the sale of alcoholic beverages to a minor in violation of a statute constituted negligence per se, and that the automobile accident which occurred while the minor was under the influence of liquor was reasonably foreseeable and the proximate result of such negligence.

11971–1971

Where else courts name it

CA 99 (1912–2026) TX 72 (1934–2025) NY 38 (1854–2026) NC 32 (1969–2021) TN 24 (1912–2025) WA 24 (1952–2025) CT 24 (1887–2025) IL 22 (1909–2019) MN 19 (1967–2026) MO 16 (1900–2023) UT 16 (1987–2020) IN 15 (1903–2015) NJ 14 (1965–2021) MI 13 (1965–2025) MD 12 (1988–2024) PA 12 (1947–2024) AZ 11 (1969–2023) OH 11 (1971–2018) FL 11 (1958–2021) OR 10 (1975–2019) AR 9 (1938–2015) MA 9 (1932–2008) WV 9 (1982–2022) WI 9 (1882–2004) GA 8 (1902–2020) AL 8 (1968–2018) NM 8 (1998–2023) IA 7 (1902–2012) DE 7 (1927–2019) OK 7 (1992–2014) MT 6 (1969–2024) NH 6 (1881–2018) AK 5 (1977–2022) KS 5 (1984–2021) CO 5 (1978–2019) VT 4 (1980–2021) MS 4 (1986–1999) SC 4 (1984–2023) VA 4 (1987–2018) HI 4 (1971–2017) ND 3 (1992–2015) RI 3 (1992–2004) ID 3 (1986–2012) ME 3 (2005–2017) LA 2 (1908–1975) NE 2 (1922–1956) WY 2 (2004–2015) KY 2 (1929–1959)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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