# Haffelfinger Co. v. Cianflona

> Ohio Court of Appeals · December 31, 1932 · 13 Ohio Law. Abs. 481

URL: https://www.frixlaw.com/law-library/cases/6743730

## Case

- **Full name:** HAFFELFINGER CO v. CIANFLONA et
- **Court:** Ohio Court of Appeals
- **Decided:** December 31, 1932
- **Citations:** 13 Ohio Law. Abs. 481; 1932 Ohio Misc. LEXIS 934
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hornbeck
- **Judges:** Allread, Hornbeck, Kunkle
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6743730

## Opinion text

HORNBECK, J.
Preliminary to consideration of the errors claimed we are met with a motion by the receiver, a defendant in error, to dismiss the error proceedings for failure of the plaintiff in error to file a motion for a new trial in the trial court. Upon this question the brief of plaintiff in error is silent. We believe the law is well established in Ohio and that neither in cases of law nor in equity can the evidence be weighed on error unless the trial court has been given that opportunity upon a motion for a new trial. The errors urged by the plaintiff in error in the instant case can not be determined without a consideration of the evidence. The motion to dismiss must, therefore, be sustained upon the authority of Minnear v Holloway, 56 Oh St, 151; Everett v Sumner, 32 Oh St, 562; Spangler v Brown, 26 Oh St, 389; Randall v Turner, 17 Oh St, 262; Westfall v Dugan, 14 Oh St, 276.
ALLREAD, PJ, and KUNKLE, J, concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6743730. Public record. Not legal advice.