Legal Opinion · Concurring in part, dissenting in part

Sullivan v. Cloud

Ohio Court of Appeals

Decided November 13, 1939No. 5665Published

1Concurring in part, dissenting in partMatthews, J.

An examination of the transcript of the docket and journal entries and original papers discloses that the court is not justified in concluding that the Vacating entry of July 1st was . at a .term subsequent to the term at which the judgment of May 19th was entered. As I read the transcript it shows that the April term ended' after July 1st, not before that date. If that is not the correct construction, it certainly must be said that the record is indefinite upon the subject. In that situation, the presumption in favor of the validity and regularity of the proceeding in the trial court, which…

2Cases cited8 opinions

  1. Hanzes v. FlavioMassachusetts Supreme Judicial Court · 1920
  2. Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
  3. Commonwealth v. MarsinoMassachusetts Supreme Judicial Court · 1925
  4. Lee v. FowlerMassachusetts Supreme Judicial Court · 1928
  5. Thompson v. TowleSupreme Court of Connecticut · 1923

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