Swisher v. Swisher

During the oral argument of this case in this court it appeared by the statements of counsel in open court that since the decree of divorce was granted by the trial eourt the plaintiff has re-married. Under these circumstances it would appear that the plaintiff has waived his right to prosecute error.

2 Ohio Jurisprudence, page 588, states the rule:

“A proceeding in error may be dismissed because the plaintiff in error has waived his right to maintain it by accepting the judgment below.”

In Buchannan, Jr. v Modern Developing Co., 82 Oh St 449, it is stated:

“Petition in error and cross petition…