Neubert v. Phillips

46 Ohio St. (N.S.) 559

Opinion

In the Circuit Court of Lucas county, the judgment of the court of common pleas, in favor of Neubert and against Phillips in a suit brought to recover the possession of certain land, was reversed and the cause remanded for a new trial; and a proceeding in error, brought by Neubert against Phillips, is now pending in this court for a reversal of the judgment of the circuit court, and an affirmance of the common pleas; and the present application is for a stay of the judgment of the circuit court, until the final disposition of the proceeding in error here.

Held: that this is not the proper practice in a case of this kind; Schaeffer v. Marienthal, 17 Ohio St. 183, 188. That the plaintiff in error here should apply to the court, io which the cause has been remanded for further proceedings, for a continuance of the cause until the final disposition of the case on error in this court. The court to which the cause has been remanded, may, in the exercise of a sound discretion, so continue it; but if it does not, the party making the application may save his rights by excepting to the overruling of his motion.

Motion for supersedeas overruled.