From Casetext: Smarter Legal Research

Village of Clarington v. Althar

Supreme Court of Ohio
Apr 16, 1930
122 Ohio St. 608 (Ohio 1930)

Opinion

No. 22130

Decided April 16, 1930.

Supreme Court — Dismissals — Constitutional question not raised in lower courts.

ERROR to the Court of Appeals of Monroe county.

Messrs. Strain Mozena, for plaintiff in error.

Messrs. Belt, Cooper Witten, for defendant in error.


It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed on the ground that the constitutional question was not raised in either the trial court or the Court of Appeals and therefore the same is deemed waived.

Petition in error dismissed.

MARSHALL, C.J., KINKADE, ROBINSON and JONES, JJ., concur. ALLEN, J., not participating.


Summaries of

Village of Clarington v. Althar

Supreme Court of Ohio
Apr 16, 1930
122 Ohio St. 608 (Ohio 1930)
Case details for

Village of Clarington v. Althar

Case Details

Full title:THE VILLAGE OF CLARINGTON v. ALTHAR

Court:Supreme Court of Ohio

Date published: Apr 16, 1930

Citations

122 Ohio St. 608 (Ohio 1930)
174 N.E. 14

Citing Cases

Toledo v. Gfell

We are not required to determine the constitutionality of an ordinance, where the defendant did not raise the…

State v. White

State v. Childs (1968), 14 Ohio St.2d 56 , paragraph three of the syllabus; State v. Glaros (1960), 170 Ohio…