Enos v. Enos

Ohio Court of Appeals

Enos v. Enos

82 N.E.2d 546, 83 Ohio App. 140, 52 Ohio Law. Abs. 351, 38 Ohio Op. 227, 1947 Ohio App. LEXIS 565

Ohio Court of Appeals·Decided December 5, 1947·No. 4022·Published

Opinion

OPINION

By WISEMAN, PJ.

This is an appeal on law from the judgment of the Common Pleas Court, Division of Domestic Relations, Franklin County, Ohio, granting a decree of divorce to the plaintiff, and ordering a division of property.

Four grounds of error are assigned by the defendant-appellant, all of which would require the review of the evidence. In effect the contention is made that the judgment is contrary to the manifest weight of the evidence, is not sustained by sufficient evidence; and, is contrary to precedent.

The document filed in this Court and designated a “Bill of Exceptions” was not signed by the trial Judge on the ground that “it fails to embody the evidence sufficiently to give a true and full report”.

In the absence of a bill of exceptions we are required to indulge in the presumption that there was sufficient evidence presented to support the judgment.

Finding no error in the record the judgment is affirmed.

MILLER and HORNBECK, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

By WISEMAN, PJ.

This is an appeal on law from the judgment of the Common Pleas Court, Division of Domestic Relations, Franklin County, Ohio, granting a decree of divorce to the plaintiff, and ordering a division of property.

Four grounds of error are assigned by the defendant-appellant, all of which would require the review of the evidence. In effect the contention is made that the judgment is contrary to the manifest weight of the evidence, is not sustained by sufficient evidence; and, is contrary to precedent.

The document filed in this Court and designated a “Bill of Exceptions” was not signed by the trial Judge on the ground that “it fails to embody the evidence sufficiently to give a true and full report”.

In the absence of a bill of exceptions we are required to indulge in the presumption that there was sufficient evidence presented to support the judgment.

Finding no error in the record the judgment is affirmed.

MILLER and HORNBECK, JJ, concur.

Enos v. Enos, 82 N.E.2d 546, 83 Ohio App. 140, 52 Ohio Law. Abs. 351, 38 Ohio Op. 227, 1947 Ohio App. LEXIS 565 (Ohio Ct. App. 1947).

Pincite

82 N.E.2d 546 (Enos v. Enos) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.