McDougal v. Fleming

Ohio Supreme Court

McDougal v. Fleming

4 Ohio 354

CourtOhio Supreme Court

DecidedDecember 15, 1829

StatusPublished

Cited by1 cases

This text of 4 Ohio 354 (McDougal v. Fleming) 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

McDougal v. Fleming, 4 Ohio 354 (Ohio 1829).

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Opinion

*By the Court :

The party excepting must distinctly point out wherein he may have been prejudiced by the decision excepted to. King v. Kenny, 4 Ohio, 81, 82. In the present case, the whole evidence is not disclosed, nor any precise question raised, by the bill of exceptions. The issue, in an action of assumpsit, is so broad that we can suppose many situations, in which the record would be proper testimony. Inasmuch, then, as the record does not show that the court below erred, we affirm the judgment.

Judgment affirmed.

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*By the Court :

The party excepting must distinctly point out wherein he may have been prejudiced by the decision excepted to. King v. Kenny, 4 Ohio, 81, 82. In the present case, the whole evidence is not disclosed, nor any precise question raised, by the bill of exceptions. The issue, in an action of assumpsit, is so broad that we can suppose many situations, in which the record would be proper testimony. Inasmuch, then, as the record does not show that the court below erred, we affirm the judgment.

Judgment affirmed.

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Bluebook (online)

4 Ohio 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougal-v-fleming-ohio-1829.

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