Hulett v. Hulett

OPINION

By BARNES, J.

We will now take up in order the grounds upon which motion 4s based.

1. THE PETITION IN ERROR IS NOT VERIFIED.

The law is very clearly announced by Judge McIlvaine in Hanover, administrator v Sperry et, 35 Oh St, 244, at page 246:

“Where the petition in error is filed by a party to the judgment and contains simply an assignment of error upon the record which is exhibited and proves itself, such petition is not a pleading of fact, but tenders issues of law merely. * * * But where the petition in error contains allegations of material facts not appearing in the record and,…