Duncan v. Pogue

185 N.E. 553, 126 Ohio St. 377, 126 Ohio St. (N.S.) 377, 1933 Ohio LEXIS 422
CourtOhio Supreme Court
DecidedMarch 22, 1933
Docket23953
StatusPublished
Cited by2 cases

This text of 185 N.E. 553 (Duncan v. Pogue) 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
Duncan v. Pogue, 185 N.E. 553, 126 Ohio St. 377, 126 Ohio St. (N.S.) 377, 1933 Ohio LEXIS 422 (Ohio 1933).

Opinion

This matter coming on to be, heard upon the motion of the defendants in error to dismiss the petition in error filed herein, was submitted to the court; upon consideration thereof, the court find that such motion is well taken, for the reason that there is no debatable constitutional question entitling the plaintiff in error to file a petition in error as of right, and that the record does not affirmatively show that any leave to *378 file a petition in error was first obtained from this court or a judge thereof, as provided in Section 12251, General Code, the laws and rules of the court governing error proceedings applying to contested election cases as provided in Section 4785-172, General Code. The petition in error filed herein is for such reasons dismissed.

Petition in error dismissed.

Weygandt, C. j., Day, Allen and Stephenson, JJ., concur. Kinkade, Jones and Matthias, JJ., not participating.

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Related

Young v. Fiedler
159 Ohio St. (N.S.) 184 (Ohio Supreme Court, 1953)

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Bluebook (online)
185 N.E. 553, 126 Ohio St. 377, 126 Ohio St. (N.S.) 377, 1933 Ohio LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-pogue-ohio-1933.