State Ex Rel. Lanker v. Kelsey

Ohio Supreme Court

State Ex Rel. Lanker v. Kelsey

186 N.E. 508, 126 Ohio St. 599, 126 Ohio St. (N.S.) 599, 1933 Ohio LEXIS 380

CourtOhio Supreme Court

DecidedMay 10, 1933

Docket24107

StatusPublished

This text of 186 N.E. 508 (State Ex Rel. Lanker v. Kelsey) 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

State Ex Rel. Lanker v. Kelsey, 186 N.E. 508, 126 Ohio St. 599, 126 Ohio St. (N.S.) 599, 1933 Ohio LEXIS 380 (Ohio 1933).

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Opinion

It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed for the reason that the petition in error in this proceeding was not *600 filed in this court within seventy days after the entry of the judgment of the Court of Appeals on August 30, 1932, which judgment was not vacated, modified or set aside by that court, and therefore the limitation for prosecuting error under Section 12270, (General Code, did not run from the date of the entry of judgment denying the application for rehearing. (Wyant v. Russell, 109 Ohio St., 167, and City of Dayton v. Public Utilities Commission, 111 Ohio St., 476.)

Petition in error dismissed.

Day, Allen, Stephenson, Jones and Matthias, JJ., concur. Weygandt, C. J., and Kinkade, J., not participating.

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It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed for the reason that the petition in error in this proceeding was not *600 filed in this court within seventy days after the entry of the judgment of the Court of Appeals on August 30, 1932, which judgment was not vacated, modified or set aside by that court, and therefore the limitation for prosecuting error under Section 12270, (General Code, did not run from the date of the entry of judgment denying the application for rehearing. (Wyant v. Russell, 109 Ohio St., 167, and City of Dayton v. Public Utilities Commission, 111 Ohio St., 476.)

Petition in error dismissed.

Day, Allen, Stephenson, Jones and Matthias, JJ., concur. Weygandt, C. J., and Kinkade, J., not participating.

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Bluebook (online)

186 N.E. 508, 126 Ohio St. 599, 126 Ohio St. (N.S.) 599, 1933 Ohio LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lanker-v-kelsey-ohio-1933.

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