Columber v. City of Kenton

Ohio Supreme Court

Columber v. City of Kenton

2 Ohio Law. Abs. 628

CourtOhio Supreme Court

DecidedJuly 1, 1924

DocketNo. 18322

StatusPublished

This text of 2 Ohio Law. Abs. 628 (Columber v. City of Kenton) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Columber v. City of Kenton, 2 Ohio Law. Abs. 628 (Ohio 1924).

Pincite

Opinion

DAY, J.

Where a party has filed a petition in error and waiver of issue and service of summons, a bill of exceptions duly allowed, approved and signed by the trial judge and opposing counsel, and has filed a precipe directing the clerk of the lower court to furnish a transcript of the docket and journal entries, before the expiration of 70 days, pursuant to Section 12263, General Code, but due to a nonfeasance of a ministerial act by the clerk such transcript is not prepared for the plaintiff in error to file until six days after the expiration of the 70 days fixed by law, such proceeding in error should not be dismissed, provided such transcript, duly authenticated, is filed immediately upon discovery of such nonfeasance of th'e clerk and before the case is heard in the Court of Appeals.

Judgment reversed.

Marshall, C. J., Allen and Conn, JJ., concur.

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DAY, J.

Where a party has filed a petition in error and waiver of issue and service of summons, a bill of exceptions duly allowed, approved and signed by the trial judge and opposing counsel, and has filed a precipe directing the clerk of the lower court to furnish a transcript of the docket and journal entries, before the expiration of 70 days, pursuant to Section 12263, General Code, but due to a nonfeasance of a ministerial act by the clerk such transcript is not prepared for the plaintiff in error to file until six days after the expiration of the 70 days fixed by law, such proceeding in error should not be dismissed, provided such transcript, duly authenticated, is filed immediately upon discovery of such nonfeasance of th'e clerk and before the case is heard in the Court of Appeals.

Judgment reversed.

Marshall, C. J., Allen and Conn, JJ., concur.

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Bluebook (online)

2 Ohio Law. Abs. 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columber-v-city-of-kenton-ohio-1924.