In re Adoption of Cassada

Ohio Supreme Court

In re Adoption of Cassada

171 Ohio St. (N.S.) 368

CourtOhio Supreme Court

DecidedDecember 21, 1960

DocketNo. 36492

StatusPublished

This text of 171 Ohio St. (N.S.) 368 (In re Adoption of Cassada) 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

In re Adoption of Cassada, 171 Ohio St. (N.S.) 368 (Ohio 1960).

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Opinion

Per Curiam.

The judgment of reversal by the Court of Appeals for failure of proof by the greater weight of the evi[369]*369deuce is in effect an expression of its conclusion that the judgment of the Probate Court is against the weight of the evidence (State v. Geghan, 166 Ohio St., 188). In such a case it is the sole function of the Court of Appeals to set aside the judgment and remand the cause for a new trial. The C.ourt of Appeals was in error in rendering final judgment. State v. Geghan, supra; Bown & Sons v. Honabarger, 171 Ohio St., 247. Therefore, the judgment of the Court of Appeals is reversed, and the cause is remanded to the Probate Court for further proceedings.

Judgment reversed and cause remanded.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and O’Neill, JJ., concur.

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Per Curiam.

The judgment of reversal by the Court of Appeals for failure of proof by the greater weight of the evi[369]*369deuce is in effect an expression of its conclusion that the judgment of the Probate Court is against the weight of the evidence (State v. Geghan, 166 Ohio St., 188). In such a case it is the sole function of the Court of Appeals to set aside the judgment and remand the cause for a new trial. The C.ourt of Appeals was in error in rendering final judgment. State v. Geghan, supra; Bown & Sons v. Honabarger, 171 Ohio St., 247. Therefore, the judgment of the Court of Appeals is reversed, and the cause is remanded to the Probate Court for further proceedings.

Judgment reversed and cause remanded.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Herbert and O’Neill, JJ., concur.

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Bluebook (online)

171 Ohio St. (N.S.) 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-cassada-ohio-1960.