Ex Parte Eastman

Ohio Court of Appeals

Ex Parte Eastman

155 N.E. 573, 23 Ohio App. 273, 5 Ohio Law. Abs. 762, 1926 Ohio App. LEXIS 417

DecidedJune 28, 1926

StatusPublished

This text of 155 N.E. 573 (Ex Parte Eastman) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Eastman, 155 N.E. 573, 23 Ohio App. 273, 5 Ohio Law. Abs. 762, 1926 Ohio App. LEXIS 417 (Ohio Ct. App. 1926).

Pincite

Opinion

Cushing, J.

Section 6, Article IV, of the Constitution of Ohio, provides that "Courts of Appeals shall have jurisdiction to review, affirm, modify, or reverse the judgments of the courts of common pleas, superior courts, and other courts of record, within the district, etc.

In the case at bar, the judgment of the court of common pleas, finding that Roe S. Eastman shall do certain things, and rendering judgment against him for costs, was set aside, and the case was set down for hearing on its merits.

There is no judgment of the court of common pleas from which error can be prosecuted.

"While we do not pass on the question of the *274 jurisdiction of the court over Roe S. Eastman, it is fundamental that a judgment, cannot be entered against a party that is not before the court.

Petition in error dismissed.

Buohw alter, P. J., and Hamilton, J., concur.

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