Sanborn v. Sanborn

1 Ohio Law. Abs. 134
CourtOhio Supreme Court
DecidedJuly 1, 1922
DocketNo. 17387
StatusPublished

This text of 1 Ohio Law. Abs. 134 (Sanborn v. Sanborn) 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
Sanborn v. Sanborn, 1 Ohio Law. Abs. 134 (Ohio 1922).

Opinion

MARSHALL, C. J.:

Where a court of competent jurisdiction, having all parties before it, and having jurisdiction of the subject-matter of the action, renders an. erroneous judgment, and no appeal or error is prosecuted therefrom, and one of the parties accepts from the opposite party substantial sums of meny awarded by such judgment, and does not thereafter restore or tender restoration of the moneys so received, he is estopped in any collateral proceeding between the same parties from claiming the invalidity of that part of the judgment favorable to the opposite party.

Judgment reversed.

Hough, Wanamaker, Robinson, Jones, Matthias and Clark, JJ., concur.

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Bluebook (online)
1 Ohio Law. Abs. 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanborn-v-sanborn-ohio-1922.