Berry v. Greenfield

Ohio Supreme Court

Berry v. Greenfield

1 Ohio Ch. 348

DecidedJune 15, 1833

StatusPublished

This text of 1 Ohio Ch. 348 (Berry v. Greenfield) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berry v. Greenfield, 1 Ohio Ch. 348 (Ohio 1833).

Pincite

Opinion

Wright, J.

The transcript, which is a part of the proceedings, shows that there was such a record as is set forth in the replication. It is alleged that the proceedings are irregular. These irregularities could not be objected in the court below or here — the party aggrieved by the irregular proceedings, should bring them up and have them reversed. While unreversed they conclude the parties to them as judicial acts. 3 O. R. 206. The court erred in finding there was no such record on the issue of nul tiel record, which was an issue in law. For that error the judgment must be reversed, and the cause remanded for further proceedings.

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Wright, J.

The transcript, which is a part of the proceedings, shows that there was such a record as is set forth in the replication. It is alleged that the proceedings are irregular. These irregularities could not be objected in the court below or here — the party aggrieved by the irregular proceedings, should bring them up and have them reversed. While unreversed they conclude the parties to them as judicial acts. 3 O. R. 206. The court erred in finding there was no such record on the issue of nul tiel record, which was an issue in law. For that error the judgment must be reversed, and the cause remanded for further proceedings.

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Bluebook (online)

1 Ohio Ch. 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-greenfield-ohio-1833.