Crull v. Morgan

Scioto Circuit Court

Crull v. Morgan

5 Ohio Cir. Dec. 274, 11 Ohio C.C. 537

DecidedMarch 15, 1896

StatusPublished

This text of 5 Ohio Cir. Dec. 274 (Crull v. Morgan) is published on Counsel Stack Legal Research, covering Scioto Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crull v. Morgan, 5 Ohio Cir. Dec. 274, 11 Ohio C.C. 537 (Ohio Super. Ct. 1896).

Pincite

Opinion

ChBRINGTON, J.

Held, 1. The judgment rendered as to the costs was erroneous, but was one which the common pleas court could have remedied by modification if, in the exercise of its ■ sound discretion, it had deemed it advisable so to do, and it was not incumbent upon the common pleas court to reverse the judgment in toto, but the same could have been reversed as to the costs erroneously taxed.

Had this court been the first reviewing court, the judgment would have been modified.

2. The court of common pleas having declined to reverse the judgment of the justice as to such costs erroneously taxed only, but having reversed the same in toto the circuit court cannot question its authority in this respect on. error, and will affirm the judgment of the court of common pleas.

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ChBRINGTON, J.

Held, 1. The judgment rendered as to the costs was erroneous, but was one which the common pleas court could have remedied by modification if, in the exercise of its ■ sound discretion, it had deemed it advisable so to do, and it was not incumbent upon the common pleas court to reverse the judgment in toto, but the same could have been reversed as to the costs erroneously taxed.

Had this court been the first reviewing court, the judgment would have been modified.

2. The court of common pleas having declined to reverse the judgment of the justice as to such costs erroneously taxed only, but having reversed the same in toto the circuit court cannot question its authority in this respect on. error, and will affirm the judgment of the court of common pleas.

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Bluebook (online)

5 Ohio Cir. Dec. 274, 11 Ohio C.C. 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crull-v-morgan-ohcirctscioto-1896.