Ferrebee v. Boggs

Ohio Supreme Court

Ferrebee v. Boggs

247 N.E.2d 753, 18 Ohio St. 2d 87, 47 Ohio Op. 2d 237, 1969 Ohio LEXIS 374

CourtOhio Supreme Court

DecidedMay 14, 1969

DocketNo. 68-712

StatusPublished

Cited by8 cases

This text of 247 N.E.2d 753 (Ferrebee v. Boggs) 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

Ferrebee v. Boggs, 247 N.E.2d 753, 18 Ohio St. 2d 87, 47 Ohio Op. 2d 237, 1969 Ohio LEXIS 374 (Ohio 1969).

Pincite

Opinion

Per Curiam.

It is clear from the record, the briefs and oral argument that a valid bill of exceptions containing evidence submitted in the trial of March 1967, was properly filed and certified, as required by Section 2321.06, Revised Code, and was duly filed in the Court of Appeals.

The clerk’s failure to officially stamp it cannot prevent the court from using it to consider issues on appeal. King v. Penn, 43 Ohio St. 57; Cincinnati Traction Co. v. Ruthman, 85 Ohio St. 62. See, also, Lewis v. Public Finance Corp., 9 Ohio App. 2d 215.

The judgment of the Court of Appeals is reversed and the cause is remanded to that court for consideration upon the merits, with instructions to consider appellant’s bill of exceptions.

Judgment reversed.

Taft, C. J., Zimmerman, Matthias, O’Neihl, Schneider, Herbert and Duncan, JJ., concur.

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