Pfister v. Botsford

Cuyahoga Circuit Court

Pfister v. Botsford

21 Ohio C.C. (n.s.) 235, 1905 Ohio Misc. LEXIS 409

DecidedDecember 1, 1905

StatusPublished

This text of 21 Ohio C.C. (n.s.) 235 (Pfister v. Botsford) is published on Counsel Stack Legal Research, covering Cuyahoga Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pfister v. Botsford, 21 Ohio C.C. (n.s.) 235, 1905 Ohio Misc. LEXIS 409 (Ohio Super. Ct. 1905).

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Opinion

.This proceeding in error is brought to reverse a judgment rendered by the common pleas court in an action brought thither on appeal from the court of a justice of the peace.'. Pfister was plaintiff in both the lower courts and is plaintiff in error here.

An inspection of the transcript from the justice’s court discloses that the appeal bond was not filed within the statutory period. The time for filing expired on a Sunday and the bond was filed the next day. It was therefore too late, and was without efficacy to perfect an appeal. Section 4951, Revised Statutes, does not apply to practice in justices’ courts. McClees et al v. Morrison, 29 O. S., 155; Kerry v. Keil, 60 O. S., 607.

The judgment of the court of common pleas is reversed, and the cause remanded to that court with direction to dismiss the appeal.

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.This proceeding in error is brought to reverse a judgment rendered by the common pleas court in an action brought thither on appeal from the court of a justice of the peace.'. Pfister was plaintiff in both the lower courts and is plaintiff in error here.

An inspection of the transcript from the justice’s court discloses that the appeal bond was not filed within the statutory period. The time for filing expired on a Sunday and the bond was filed the next day. It was therefore too late, and was without efficacy to perfect an appeal. Section 4951, Revised Statutes, does not apply to practice in justices’ courts. McClees et al v. Morrison, 29 O. S., 155; Kerry v. Keil, 60 O. S., 607.

The judgment of the court of common pleas is reversed, and the cause remanded to that court with direction to dismiss the appeal.

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Bluebook (online)

21 Ohio C.C. (n.s.) 235, 1905 Ohio Misc. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfister-v-botsford-ohcirctcuyahoga-1905.