Walworth v. Walworth

Ohio Supreme Court

Walworth v. Walworth

1 Wright 673, 1 Ohio Ch. 673

DecidedAugust 15, 1834

StatusPublished

This text of 1 Wright 673 (Walworth v. Walworth) 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

Walworth v. Walworth, 1 Wright 673, 1 Ohio Ch. 673 (Ohio 1834).

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Opinion

WOOD, J.

The Common Pleas has given its judgment on facts •depending upon conflicting evidence. It is assigned as error in law, that the fact was different from what they found. This cannot be; error in fact cannot be so tried. The judgment is affirmed.

[Acts of courts other than law proceedings reviewable on error; Smith v. Pratt, 13 O. 548, 550. Finding of facts by court not reversible on error, followed; Markle v. Akron, 14 O. 586, 592.]

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WOOD, J.

The Common Pleas has given its judgment on facts •depending upon conflicting evidence. It is assigned as error in law, that the fact was different from what they found. This cannot be; error in fact cannot be so tried. The judgment is affirmed.

[Acts of courts other than law proceedings reviewable on error; Smith v. Pratt, 13 O. 548, 550. Finding of facts by court not reversible on error, followed; Markle v. Akron, 14 O. 586, 592.]

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Bluebook (online)

1 Wright 673, 1 Ohio Ch. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walworth-v-walworth-ohio-1834.