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· 2/7/1916

McCune v. Larkin

Citations

  • 26 Ohio C.C. Dec. 357
  • 25 Ohio C.C. (n.s.) 118

Syllabus

<p>EVIDENCE — PEDIGREE.</p> <p>1. Finding as to Pedigree not Disturbed if Elimination of ail Branches Originating in Given Country Required.</p> <p>A reviewing court will not disturb a finding of fact as to pedigree, where to have made a different finding would have required the elimination of all the members of all the branches of a family originating in a foreign land.</p> <p>2. Finding as to Pedigree not Reversed for Hearsay Evidence Admitted or Jury Trial Refused in Partition Suit.</p> <p>Nor will the finding with reference to pedigree be disturbed because of the introduction of hearsay evidence, or refusal of a demand for trial by jury where the action was in the form of a suit in partition.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a \shifting public use\ doctrine could not apply because of discontinuity of use of the easement by State between 1975 and 1985
  • concluding that a “shifting public use” doctrine could not apply because of discontinuity of use of the easement by State between 1975 and 1985

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorman, Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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