Legal Opinion

State Ex Rel. Handley v. McCall

Ohio Supreme Court

Decided February 1, 1939No. 27375PublishedCited by 1 opinion

1Opinion of the Court

By the Court.

Jurisdiction of subject-matter need not necessarily be, raised in the first instance but may be raised at any time, even in the reviewing court. Baltimore & Ohio Rd. Co. v. Hollenberger, 76 Ohio St., 177, 81 N. E., 184; Sheldon’s Lessee v. Newton, 3 Ohio St., 494; 31 Ohio Jurisprudence, 1003, Section 370.

Whether the relator is a “person interested” in the probate of a will within the meaning of Section 10504-15, General Code, and therefore has a duty to perform under Section 2921, General Code, in recovering public moneys withheld from the county treasury or due to Carroll…

2Cases cited2 opinions

  1. Silliman v. Court of Common PleasOhio Supreme Court · 1933
  2. State Ex Rel. Nicklaus v. McClellandOhio Supreme Court · 1937

3Cited by1 opinion

  1. In Re CattellOhio Supreme Court · 1945

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