Barnes, Recr. v. Collins

Ohio Court of Appeals

Barnes, Recr. v. Collins

197 N.E. 795, 50 Ohio App. 196, 17 Ohio Law. Abs. 664, 3 Ohio Op. 513, 1934 Ohio App. LEXIS 343

CourtOhio Court of Appeals

DecidedMay 21, 1934

DocketNo 2929

StatusPublished

This text of 197 N.E. 795 (Barnes, Recr. v. Collins) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes, Recr. v. Collins, 197 N.E. 795, 50 Ohio App. 196, 17 Ohio Law. Abs. 664, 3 Ohio Op. 513, 1934 Ohio App. LEXIS 343 (Ohio Ct. App. 1934).

Pincite

Opinion

*665 OPINION

By LLOYD, J.

It is contended by Collins that the judgment of August 31st was vacated for the express purpose of extending the time within which an appeal could be prosecuted to the Court of Common Pleas, an appeal from the judgment o‘f August 31st not having- been perfected, and that the vacation of that judgment was an abuse of discretion on the part of the Municipal Court. The record does not show the reason for the vacating and setting aside of the judgment, but does show that the questions in issue were again “submitted” to the court, and it will be presumed, in the absence of evidence to the contrary, that the court acted in good faith and that the action taken by it was warranted and justified. The situation as it now confronts us appears to be that Collins seeks to prevent an appeal from a judgment which he claims is valid and subsisting as to him, when if there were any legal reason therefor, he might have prosecuted error to the Court of Common Pleas to reverse the order vacating the judgment first rendered in his favor.

The facts here presented are unlike the facts stated in the opinion cited to us, involving an appeal from a judgment, which when dismissed, was followed by a second judgment from which a second appeal was attempted, but involve- a single appeal from a judgment apparently valid.

Judgment of the Court of Common Pleas is therefore reversed and the cause remanded to that court for further proceedings according to law.

Reversed and remanded.

RICHARDS and WILLIAMS, JJ, concur.

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*665 OPINION

By LLOYD, J.

It is contended by Collins that the judgment of August 31st was vacated for the express purpose of extending the time within which an appeal could be prosecuted to the Court of Common Pleas, an appeal from the judgment o‘f August 31st not having- been perfected, and that the vacation of that judgment was an abuse of discretion on the part of the Municipal Court. The record does not show the reason for the vacating and setting aside of the judgment, but does show that the questions in issue were again “submitted” to the court, and it will be presumed, in the absence of evidence to the contrary, that the court acted in good faith and that the action taken by it was warranted and justified. The situation as it now confronts us appears to be that Collins seeks to prevent an appeal from a judgment which he claims is valid and subsisting as to him, when if there were any legal reason therefor, he might have prosecuted error to the Court of Common Pleas to reverse the order vacating the judgment first rendered in his favor.

The facts here presented are unlike the facts stated in the opinion cited to us, involving an appeal from a judgment, which when dismissed, was followed by a second judgment from which a second appeal was attempted, but involve- a single appeal from a judgment apparently valid.

Judgment of the Court of Common Pleas is therefore reversed and the cause remanded to that court for further proceedings according to law.

Reversed and remanded.

RICHARDS and WILLIAMS, JJ, concur.

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Bluebook (online)

197 N.E. 795, 50 Ohio App. 196, 17 Ohio Law. Abs. 664, 3 Ohio Op. 513, 1934 Ohio App. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-recr-v-collins-ohioctapp-1934.