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142 Ohio St. (N.S.) 548
Ohio
1944
By the Court.

The record before this court does not contain proof sufficient to sustain the petition to vacate the judgment of the Court of Appeals. The proceedings of a trial court are deemed correct unless error affirmatively appears on the face of the record. Makranczy v. Gelfand, Admr., 109 Ohio St., 325, 142 N. E., 688.

Assuming the second petition to vacate was filed within limitation, all issues presented thereby had been *550 finally determined in the proceeding under the former petition to vacate.

’ There is nothing in the present record to establish that appellant Robert W. Halliday had not had an adjudication by a Court of Appeals composed of qualified and disinterested judges.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Weygandt, C. J., Matthias, Hart, Zimmerman, Bell, Williams and Turner, JJ., concur.

Case Details

Case Name: State Ex Rel. Fulton v. Halliday
Court Name: Ohio Supreme Court
Date Published: Feb 23, 1944
Citations: 142 Ohio St. (N.S.) 548; 142 Ohio St. 548; 53 N.E.2d 521; 27 Ohio Op. 487; 1944 Ohio LEXIS 482; 29501
Docket Number: 29501
Court Abbreviation: Ohio
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