Johnson v. Sweeney

Ohio Supreme Court

Johnson v. Sweeney

43 N.E.2d 239, 140 Ohio St. 279, 140 Ohio St. (N.S.) 279, 23 Ohio Op. 471, 1942 Ohio LEXIS 442

CourtOhio Supreme Court

DecidedJuly 15, 1942

Docket29229

StatusPublished

Cited by2 cases

This text of 43 N.E.2d 239 (Johnson v. Sweeney) 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

Johnson v. Sweeney, 43 N.E.2d 239, 140 Ohio St. 279, 140 Ohio St. (N.S.) 279, 23 Ohio Op. 471, 1942 Ohio LEXIS 442 (Ohio 1942).

Pincite

Opinion

By the Court.

The last paragraph of Section 4785-100a, General Code, authorizes an appeal to this court from a finding by the Secretary of State.

Section 12223-4, General Code, contains the provision that an “ appeal shall be deemed perfected when written notice of appeal shall be filed with the lower court, tribunal, officer or commission.”

The record discloses that no notice of appeal was filed with the Secretary of State.

The filing of a notice of appeal with that officer was a prerequisite to appeal to this court.

The motion is sustained and the appeal dismissed.

Appeal dismissed.

Weygandt, C. J., Turner, Williams, Matthias, Hart and Zimmerman, JJ., concur. Bettman, J., not participating.

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