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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 4 (Volume 4)

Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 4 (Volume 4)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1874 Excerpt: ... I Longworth r. Sturges and Anderson. 1853, the Supreme Court reversed the decree of the court of common pleas, and remanded the cause to that court for further proceedings. The hill under consideration was filed in this court, to review and reverse its own decree. Sturges and Anderson, who are defendants to this last bill of review, moved the court to dismiss the bill. The principal grounds for the motion are--1. That, by the present constitution of Ohio, the Supreme Court has original jurisdiction only in quo warranto, habeas corpus, mandamus, and procedendo; that, in the consideration of this bill of review to its own decision, the Supreme Court would bo exercising original, and not appellate, jurisdiction. 2. That, if it be the exerciso of appellate jurisdiction, still the legislature, although authorized by the constitution to do so, has not as yet conferred that jurisdiction on the Supreme Court; and, therefore, whether it be the exercise of original or appellate jurisdiction, this court can not entertain jurisdiction, and the bill must be dismissed.' On the other side, it is claimed--1. That, whether the entertaining of a bill of review be the exercise of an original or appellate jurisdiction by this court, it can rightfully entertain jurisdiction, for the reason that the original bill was pending when the new constitution took effect, and that, by a provision in the constitution and subsequent acts of the legislature, the right to correct an error of the Supreme Court, by bill of review, is saved to the parties to such pending suit. 2. That the Supreme Court, in entertaining a bill of review, would be exercising appellate and not original jurisdiction. The motion has been argued on both sides by able counsel, and with great ability, and has received ...


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Product Details
  • ISBN-13: 9781235778773
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 268
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235778770
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 485 gr


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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 4 (Volume 4)
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