opposite rule in Ohio

2008The Court reasoned that, if the opposite rule were adopted, tenants in danger of eviction could first file an injunction or quiet title action in order to stay future eviction proceedings and thereby "obviate the purpose of the eviction statutes." Id.

1970Ed. 2d 1149 , 87 S. Ct. 1926 , is distinguished from Pointer by the presence in Wade (to a great degree) and complete absence in Pointer of the other two considerations militating against retroactive application: (a) prior reliance on an opposite rule and (b) disruption of the administration of justice (which is merely a circuitous way of saying there would be a floodtide of prisoners released).

1950Wetmore v. Mellinger, 64 Iowa 741 , 18 N. W. 870 , 52 Am.

1950Wetmore v. Mellinger, 64 Iowa 741 , 18 N. W. 870 , 52 Am.

1906In Manly v. Bitzer, 91 Ky., 596, 598 , Chief Justice Holt says: “Looking at the question from the standpoint of public policy, there are two views presented, which, perhaps, balance each other.

1896In Clancy v. Kenworthy, 74 Iowa, 740 , it was held, that sureties on a constable’s bond, “ are liable for acts of the constable, in unlawfully, and abusively arresting and imprisoning and prosecuting a party, and they cannot escape liability by the fact that the acts complained of were instigated by malice.” None of the cases heretofore referred to in this opinion, holding the opposite doctrine, was before the court in that case; and the opinion was based upon the holding in the Kentucky cases, supra, and the apparent approval thereof in some of the text books.

1840In Fairfax v. Hunter, 7 Cranch, 603 , where it was argued that the legislature of Virginia might, by a simple enactment, confiscate the property of an alien, it was answered, that admitting that it might, yet it would not be presumed, 'where there was any room for an opposite presumption, that it was in tended to dispense with the accustomed mode of proceeding.