Nickerson v. Nickerson

Ohio Court of Appeals

Nickerson v. Nickerson

85 N.E.2d 307, 84 Ohio App. 99, 53 Ohio Law. Abs. 166, 39 Ohio Op. 119, 1948 Ohio App. LEXIS 631

CourtOhio Court of Appeals

DecidedNovember 29, 1948

Docket2027

StatusPublished

This text of 85 N.E.2d 307 (Nickerson v. Nickerson) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nickerson v. Nickerson, 85 N.E.2d 307, 84 Ohio App. 99, 53 Ohio Law. Abs. 166, 39 Ohio Op. 119, 1948 Ohio App. LEXIS 631 (Ohio Ct. App. 1948).

Pincite

Opinion

OPINION

By THE COURT:

Submitted on motion of plaintiff-appellee to dismiss the appeal on the ground that the defendant-appellant failed to file an appeal bond as required by law. This is an appeal on *167 questions of law and fact. The failure to file an appeal bond ■as required by §12223-6 GC does not require the dismissal of the appeal. Under §12223-22 GC when the appeal on questions of law and fact is dismissed, the appeal shall stand for hearing on questions of law. However, the appeal on questions of law and fact will be dismissed.

Under the provisions of §11564 GC, this court is now required to make an order relative to the time within which the bill of exceptions shall be filed. Accordingly, this court .allows the defendant-appellant thirty days from the date of entry journalizing this decision within which to prepare and settle in the trial court a bill of exceptions. The court further ■orders that the appellant shall be required to file such bill •of exceptions in this court within ten days after it is settled in the trial court. The appellant is allowed fifty days from ■the date of the entry journalizing this decision within which to file his assignments of error and briefs in this court. The plaintiff-appellee will be allowed fifteen days after the filing of appellant’s brief within which to file an answer brief, and the appellant will be allowed ten days thereafter within which to file a reply brief, if he desires to do so.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

By THE COURT:

Submitted on motion of plaintiff-appellee to dismiss the appeal on the ground that the defendant-appellant failed to file an appeal bond as required by law. This is an appeal on *167 questions of law and fact. The failure to file an appeal bond ■as required by §12223-6 GC does not require the dismissal of the appeal. Under §12223-22 GC when the appeal on questions of law and fact is dismissed, the appeal shall stand for hearing on questions of law. However, the appeal on questions of law and fact will be dismissed.

Under the provisions of §11564 GC, this court is now required to make an order relative to the time within which the bill of exceptions shall be filed. Accordingly, this court .allows the defendant-appellant thirty days from the date of entry journalizing this decision within which to prepare and settle in the trial court a bill of exceptions. The court further ■orders that the appellant shall be required to file such bill •of exceptions in this court within ten days after it is settled in the trial court. The appellant is allowed fifty days from ■the date of the entry journalizing this decision within which to file his assignments of error and briefs in this court. The plaintiff-appellee will be allowed fifteen days after the filing of appellant’s brief within which to file an answer brief, and the appellant will be allowed ten days thereafter within which to file a reply brief, if he desires to do so.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

Cite This Page — Counsel Stack

Bluebook (online)

85 N.E.2d 307, 84 Ohio App. 99, 53 Ohio Law. Abs. 166, 39 Ohio Op. 119, 1948 Ohio App. LEXIS 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nickerson-v-nickerson-ohioctapp-1948.