Burke v. Taylor

Ohio Supreme Court

Burke v. Taylor

45 Ohio St. (N.S.) 444

Ohio Supreme Court·Decided November 22, 1887·Published

Opinion

By the Court.

Statutes authorizing proceedings in error should be strictly pursued; and such a proceeding brought to reverse a judgment for or against two or more parties should be commenced against all of them within the two years’ limitation prescribed by statute in order to confer upon the reviewing court jurisdiction to reverse or modify such judgment or any part of it as to either of such parties. Smetters v. Rainey, 14 Ohio St. 287, and Jones v. Marsh, 30 Ohio St. 20, approved and followed.

Judgment affirmed.

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By the Court.

Statutes authorizing proceedings in error should be strictly pursued; and such a proceeding brought to reverse a judgment for or against two or more parties should be commenced against all of them within the two years’ limitation prescribed by statute in order to confer upon the reviewing court jurisdiction to reverse or modify such judgment or any part of it as to either of such parties. Smetters v. Rainey, 14 Ohio St. 287, and Jones v. Marsh, 30 Ohio St. 20, approved and followed.

Judgment affirmed.

Burke v. Taylor, 45 Ohio St. (N.S.) 444 (Ohio 1887).

Pincite

45 Ohio St. (N.S.) 444 (Burke v. Taylor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.