Neil v. Neil
Neil v. Neil
Opinion of the Court
1. The jurisdiction exercised in divorce eases with respect to children, is continuing, and the power to modify the order in that respect may be exercised, during the minority of the children, whenever their welfare requires such modification. A reservation in the decree of authority to so modify is not essential to the exercise of such power; nor has the statute of limitations any application to such a case. Hoffman v. Hoffman, 15 Ohio St. 427. And see 2 Bishop’s M. & D. § 530.
2. In dismissing the proceeding in error for want of jurisdiction, the district court erred. Formerly such orders were not reviewable on error (Tappan v. Tappan, 6 Ohio St. 64), but the rule has been changed. King v. King, ante, 370; and see Cox v. Cox, 19 Ohio St. 502. Of course, this power does not extend to an order granting a divorce, for, according to the settled policy in this state, such orders are not reviewable. Rev. Stats. § 5706 ; Parish v. Parish, 9 Ohio St. 534; and see 2 Bishop’s M. & D. § 260.
3. We are vested with discretion, on reversing the order of dismissal, to render such judgment as the district court should have rendered, or remand the cause to that court for further
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.