Commonwealth Oil Co. v. Turk

Ohio Supreme Court

Commonwealth Oil Co. v. Turk

6 Ohio Law. Abs. 191

CourtOhio Supreme Court

DecidedMarch 14, 1928

DocketNo. 20647

StatusPublished

This text of 6 Ohio Law. Abs. 191 (Commonwealth Oil Co. v. Turk) 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

Commonwealth Oil Co. v. Turk, 6 Ohio Law. Abs. 191 (Ohio 1928).

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Opinion

JONES, J.

1. Section 6, Article IV of the Ohio Constitution, ex proprio vigore, confers absolute and complete appellate jurisdiction upon the Courts of Appeals in all chancery cases. The jurisdiction thus conferred can neither be enlarged nor limited by the legislature, (Thompson v. Redington, 92 Ohio St., 101; Cincinnati Polyclinic v. Balch, 92 Ohio St., 415; Wagner v. Armstrong, 93 Ohio St., 443; Complete Bldg. Show Co. v. Albertson, 99 Ohio St., 11.)

2. The legislature can not, either by enactment or non-enactment, defeat or nullify the provisions of that section of the constitution.

3. The remedial provisions of our code relating to appeals to the Court of Appeals should be liberally construed in order to make effective such appellate jurisdiction of the Court of Appeals in chancery cases.

4. Section 12224 et esq., General Code, pertaining to appeals from Common Pleas Courts to the Court of Appeals in chancery cases, apply by analogy to the Municipal Court of Cleveland.

(Haas v. Mutual Life Ins. Co., 95 Ohio St. 137, followed and approved.)

(Day, Allen, Robinson and Matthias, JJ., concur. Marshall, CJ., and Kinkade, J., dissent.)

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