Opinion
No. 30751
Decided November 27, 1946.
Supreme Court — Appeal as of right dismissed — Section 2, Article IV, Constitution — Case did not originate in the Court of Appeals — Motion to certify — record overruled by Court of Appeals.
APPEAL from the Court of Appeals for Franklin county.
ON MOTION to dismiss appeal.
Waller filed in the Common Pleas Court a "Libel Petition" praying for damages and naming as defendants the Industrial Commission and one of its referees. That court sustained demurrers to the petition. An "Amended Petition — Conspiracy to Injure by Libel" was filed naming as defendants the referee and the three members of the Industrial Commission. The Court of Common Pleas sustained a demurrer to the amended petition, sustained motions to dismiss the three commissioners as parties defendant, dismissed plaintiff's amended petition and struck it from the files.
Plaintiff thereafter filed in the Court of Appeals four notices of appeal on questions of law. On application of the appellant the four "causes" were consolidated. The Court of Appeals affirmed the judgments of the Court of Common Pleas and dismissed the appeals. Thereupon, the appellant moved the Court of Appeals to certify "the case" to the Supreme Court on the ground of conflict with a judgment of the Court of Appeals of the First Appellate District, which motion was overruled.
Appellant then filed in this court a notice of appeal from the overruling of the motion to certify, on the ground that the filing of such motion originated in a "case" in the Court of Appeals.
The appellees in this court move to dismiss the appeal for the reason that the case originated in the Court of Common Pleas.
Mr. Benjamin F. Hughes, for appellant.
Mr. Thomas E. Brock, for appellees.
From an examination of the record before this court it is apparent that no "case" originated in the Court of Appeals warranting an appeal as of right to this court as contemplated by Section 2, Article IV, Constitution. The litigation was originally instituted in the Common Pleas Court and the Court of Appeals reviewed and affirmed the judgments of the Court of Common Pleas. No case originated in the Court of Appeals by filing in that court a motion to certify the record.
The motion to dismiss the appeal is sustained and the appeal is dismissed.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.