State Ex Rel. Fulton v. Halliday

Ohio Supreme Court

State Ex Rel. Fulton v. Halliday

53 N.E.2d 521, 142 Ohio St. 548, 142 Ohio St. (N.S.) 548, 27 Ohio Op. 487, 1944 Ohio LEXIS 482

CourtOhio Supreme Court

DecidedFebruary 23, 1944

Docket29501

StatusPublished

Cited by30 cases

This text of 53 N.E.2d 521 (State Ex Rel. Fulton v. Halliday) 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

State Ex Rel. Fulton v. Halliday, 53 N.E.2d 521, 142 Ohio St. 548, 142 Ohio St. (N.S.) 548, 27 Ohio Op. 487, 1944 Ohio LEXIS 482 (Ohio 1944).

Pincite

Opinion

By the Court.

The record before this court does not contain proof sufficient to sustain the petition to vacate the judgment of the Court of Appeals. The proceedings of a trial court are deemed correct unless error affirmatively appears on the face of the record. Makranczy v. Gelfand, Admr., 109 Ohio St., 325, 142 N. E., 688.

Assuming the second petition to vacate was filed within limitation, all issues presented thereby had been *550 finally determined in the proceeding under the former petition to vacate.

’ There is nothing in the present record to establish that appellant Robert W. Halliday had not had an adjudication by a Court of Appeals composed of qualified and disinterested judges.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Bell, Williams and Turner, JJ., concur.

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