Beach v. Sweeney

Decision Date23 April 1958
Docket NumberNo. 35193,35193
Citation150 N.E.2d 42,167 Ohio St. 477
Parties, 5 O.O.2d 157 BEACH et al., Appellees, v. SWEENEY et al., Appellants.
CourtOhio Supreme Court

W. T. Reed, Waverly, for appellants.

Wray Bevens, Waverly, for appellees.

PER CURIAM.

There being no bill of exceptions filed or allowed by the Court of Appeals in which the case was heard de novo, this court cannot say that there was no substantial evidence warranting the Court of Appeals in reaching the conclusion it did. On appeal on questions of law all reasonable presumptions consistent with the record will be indulged in favor of the validity of the judgment under review and of the regularity and legality of the proceedings below.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

WEYGANDT, C. J., and ZIMMERMAN, STEWART, TAFT, MATTHIAS and HERBERT, JJ., concur.

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72 cases
  • State Of Ohio v. Lewers
    • United States
    • Ohio Court of Appeals
    • November 1, 2010
    ...abused that discretion which resulted in prejudice to the defense, the regularity of the proceedings is presumed. Beach v. Sweeney (1958), 167 Ohio St. 477, 150 N.E.2d 42. See also, State v. Shields (1984), 15 Ohio App.3d 112, 472 N.E.2d 1110. {¶85} In Remmer, the Supreme Court held that wh......
  • State Of Ohio v. Brenson
    • United States
    • Ohio Court of Appeals
    • September 28, 2010
    ...abused that discretion which resulted in prejudice to the defense, the regularity of the proceedings is presumed. Beach v. Sweeney (1958), 167 Ohio St. 477, 150 N.E.2d 42. See also, State v. Shields (1984), 15 Ohio App.3d 112, 472 N.E.2d 1110. {¶158} The test for prospective jurors is not w......
  • City of Cleveland v. Whipkey
    • United States
    • Ohio Court of Appeals
    • January 27, 1972
    ... ... Ford v. Ideal Aluminum, Inc. [278 N.E.2d 381] (1966), 7 Ohio St.2d 9, 218 N.E.2d 434; Beach v. Sweeney (1958), 167 Ohio St. 477, 150 N.E.2d 42; Makranczy v. Gelfand (1924), 109 Ohio St. 325, 142 N.E. 688 ...         However, when ... ...
  • State v. Lake, 2010 Ohio 1113 (Ohio App. 3/18/2010)
    • United States
    • Ohio Court of Appeals
    • March 18, 2010
    ...abused that discretion which resulted in prejudice to the defense, the regularity of the proceedings is presumed. Beach v. Sweeney (1958), 167 Ohio St. 477, 150 N.E.2d 42. See also, State v. Shields (1984), 15 Ohio App.3d 112, 472 N.E.2d {¶75} Obviously, body language and facial expressions......
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