Musser v. Adair
Ohio Supreme Court
Error to the Circuit Court of Scioto county. The suit below was commenced in the court of common pleas by Mary O. Adair against Filmore Musser, auditor of Scioto county, and.Mark Wells its treasurer. It purports to be a petition in error by the plaintiff to the auditor and treasurer of the county.
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Error to the Circuit Court of Scioto county. The suit below was commenced in the court of common pleas by Mary O. Adair against Filmore Musser, auditor of Scioto county, and.Mark Wells its treasurer. It purports to be a petition in error by the plaintiff to the auditor and treasurer of the county. The plaintiff avers that on January 21,1891, the auditor on the application of certain persons, employed as tax inquisitors, made certain additions to her returns for the years 1886 and 1887, 1888, 1889, 1890 and 1891, being for credits claimed to have been omitted by her in making her returns for…
1Opinion of the CourtMinshall, J.
The proceeding below purports to be a petition in error to - the auditor of Scioto county, the auditor being made the defendant. This seems a little novel. The court rendering the judgment is not ordinarily made the defendant in a proceeding to reverse it. But this novelty must be recognized in practice if this proceeding can be maintained. We do not think it can.
A court can only review the judgment of a court on a proceeding in error. In Logan Branch Bank ex parte., 1 Ohio St., 433, an appeal was taken by the bank from a decision of the auditor of state affectingit to the supreme court under…
2Cases cited5 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- McMillen v. AndersonSupreme Court of the United States · 1877
- Weimer v. BunburyMichigan Supreme Court · 1874
- Vance v. BlairOhio Supreme Court · 1849