Miller v. Village of Bellefountaine

Ohio Circuit Courts

Miller v. Village of Bellefountaine

2 Ohio C.C. 139

DecidedFebruary 15, 1887

StatusPublished

This text of 2 Ohio C.C. 139 (Miller v. Village of Bellefountaine) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts 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 Bellefountaine, 2 Ohio C.C. 139 (Ohio Super. Ct. 1887).

Pincite

Opinion

Beer, J.

The petition in error was im'providently filed in the court of common pleas. Under § 1752, Rev. Stats., 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.

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Beer, J.

The petition in error was im'providently filed in the court of common pleas. Under § 1752, Rev. Stats., 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.

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Bluebook (online)

2 Ohio C.C. 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-village-of-bellefountaine-ohiocirct-1887.