Mills v. Noles

Ohio Supreme Court

Mills v. Noles

1 Ohio 534

DecidedDecember 15, 1824

StatusPublished

This text of 1 Ohio 534 (Mills v. Noles) 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

Mills v. Noles, 1 Ohio 534 (Ohio 1824).

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Opinion

By the Court :

The court of common pleas ought not to have taken upon themselves the trial of the facts of the cause upon submission without the assent of the defendant. It is only where both parties consent that the court can try the cause. But this mistake can not be corrected upon a motion to quash. Here is a formal decision of the cause, and a judgment rendered, from which an appeal is regularly taken. It can not be quashed.

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By the Court :

The court of common pleas ought not to have taken upon themselves the trial of the facts of the cause upon submission without the assent of the defendant. It is only where both parties consent that the court can try the cause. But this mistake can not be corrected upon a motion to quash. Here is a formal decision of the cause, and a judgment rendered, from which an appeal is regularly taken. It can not be quashed.

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Bluebook (online)

1 Ohio 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-noles-ohio-1824.