Ohio Court of Appeals, 1923

Weaver v. Miller

Weaver v. Miller
Ohio Court of Appeals · Decided June 21, 1923 · Washburn
1 Ohio Law. Abs. 631; 1923 Ohio Misc. LEXIS 1664

Weaver v. Miller

Opinion of the Court

WASHBURN, J.

Epitomized Opinion

Weaver as defendant in a case in the Municipal Court made a special appearance and filed a motion to vacate a judgment taken th°re against .him. on the ground that, the court had no jurisdiction over' his person. The motion was overruled and no-further proceedings w°re had m that case Weaver, in this case, filed in Common Pleas and brought on appeal to this court, seeks to attack the judgment op Muni- pa x,ou.. as void and of no effect. He’d-

Assuming that the judgment in the Municipal Unuvt- WcS void at the time it was rendered, nevertheless the judgment of that court that it had juris-dition of the person is valid until reversed, and cannot be questioned collaterally in another case. The Municipal Court, unlike a Justice’s Court, is a Court of record and as such is competent to pass on its own jurisdiction. Judgment accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.