Miller v. Village of Bellefontaine

Logan Circuit Court

Miller v. Village of Bellefontaine

1 Ohio Cir. Dec. 407

DecidedFebruary 15, 1887

StatusPublished

This text of 1 Ohio Cir. Dec. 407 (Miller v. Village of Bellefontaine) is published on Counsel Stack Legal Research, covering Logan Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Village of Bellefontaine, 1 Ohio Cir. Dec. 407 (Ohio Super. Ct. 1887).

Pincite

Opinion

Beer, J.

The petition in error was improvidently filed in the court of common pleas. Under sec. 1752, Rev. Stat., leave to file is a condition precedent to the right to have such a case reviewed on error, and without such leave there can be no jurisdiction.

The court of common pleas not having obtained jurisdiction had no right to affirm the judgment of the mayor, and this court has no jurisdiction for the same reason.

The judgment of the court of common pleas is reversed, and this court proceeding to make the proper order in the case, dismisses the petition in error.

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

Beer, J.

The petition in error was improvidently filed in the court of common pleas. Under sec. 1752, Rev. Stat., leave to file is a condition precedent to the right to have such a case reviewed on error, and without such leave there can be no jurisdiction.

The court of common pleas not having obtained jurisdiction had no right to affirm the judgment of the mayor, and this court has no jurisdiction for the same reason.

The judgment of the court of common pleas is reversed, and this court proceeding to make the proper order in the case, dismisses the petition in error.

Cite This Page — Counsel Stack

Bluebook (online)

1 Ohio Cir. Dec. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-village-of-bellefontaine-ohcirctlogan-1887.