Commonwealth Banking & Trust Co. v. Smith & Oby Co.

164 N.E. 751, 119 Ohio St. 514, 119 Ohio St. (N.S.) 514, 1928 Ohio LEXIS 325

Opinion

By the Court.

While this case has been certified to this court under the conflict provision of the Con stitution, the record discloses that th'e judgment certified for review is a reversal of the court of common pleas upon the weight of the evidence, and that no other error is found in the record, a determination of the correctness of the judgment of the court below requiring a determination of the weight of the evidence. This court is not required to determine the weight of the evidence, and we there fore find it onr duty to affirm the judgment of the Court of Appeals, which is accordingly done.

Judgment affirmed.

Day, Allen, Kinkade, Robinson, Jones and Matthias, JJ., concur.