Spanable v. New York Central Railroad

Ohio Court of Appeals

Spanable v. New York Central Railroad

70 N.E.2d 233, 46 Ohio Law. Abs. 417, 1946 Ohio App. LEXIS 782

CourtOhio Court of Appeals

DecidedJanuary 31, 1946

DocketNo. 3879

StatusPublished

This text of 70 N.E.2d 233 (Spanable v. New York Central Railroad) 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

Spanable v. New York Central Railroad, 70 N.E.2d 233, 46 Ohio Law. Abs. 417, 1946 Ohio App. LEXIS 782 (Ohio Ct. App. 1946).

Pincite

Opinion

OPINION

By THE CQURT:

Submitted on motion of defendant-appellee to dismiss the appeal. The ground assigned is that the appeal is on questions of law and not on questions of law and fact, although the notice of appeal is indicated as upon questions of law and fact. The action is for damages and therefore is not appealable on questions of law and fact, nor may such an appeal proceed because no appeal bond has been filed in the cause.

[418]*418We may not, however, dismiss the appeal in its entirety, §11564 GC, but" now find that the cause cannot be heard upon the facts and no bill of exception has been filed in the cause and it will be retained on questions of law only, and tv/enty days given to appellant within which to have a bill of exceptions settled and allowed in the trial court.

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

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

OPINION

By THE CQURT:

Submitted on motion of defendant-appellee to dismiss the appeal. The ground assigned is that the appeal is on questions of law and not on questions of law and fact, although the notice of appeal is indicated as upon questions of law and fact. The action is for damages and therefore is not appealable on questions of law and fact, nor may such an appeal proceed because no appeal bond has been filed in the cause.

[418]*418We may not, however, dismiss the appeal in its entirety, §11564 GC, but" now find that the cause cannot be heard upon the facts and no bill of exception has been filed in the cause and it will be retained on questions of law only, and tv/enty days given to appellant within which to have a bill of exceptions settled and allowed in the trial court.

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

Cite This Page — Counsel Stack

Bluebook (online)

70 N.E.2d 233, 46 Ohio Law. Abs. 417, 1946 Ohio App. LEXIS 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spanable-v-new-york-central-railroad-ohioctapp-1946.