Garland v. Gilbert

Full title: GARLAND, APPELLEE v. GILBERT, EXR., ET AL., APPELLANTS

Court: Court of Appeals of Ohio

Date published: Feb 18, 1949

86 N.E.2d 802 (Ohio Ct. App. 1949)

86 N.E.2d 802

54 Ohio Law Abs. 128

Opinion

No. 2029

Decided February 18, 1949.

Appeal — Bill of exceptions not necessary, when — Errors appearing on face of record — Motion to affirm judgment overruled.

1. A bill of exceptions is not required to review alleged errors appearing on the face of the record.

2. Where the errors complained of appear on the face of the record a motion to affirm the judgment of the trial court on the ground that no bill of exceptions has been filed will be overruled.

APPEAL: Court of Appeals for Montgomery county.

ON MOTION to affirm.

Mr. I.C. Delscamp, for appellee.

Mr. W.H. Earley, Mr. C.A. Funkhouser and Messrs. Baggott Johnston, for appellants.

BY THE COURT.

This cause is submitted on motion of plaintiff, appellee herein, to affirm the judgment of the Court of Common Pleas on the ground that no bill of exceptions has been filed within 40 days after the overruling of the motion for new trial.

A bill of exceptions is not required to review alleged errors appearing on the face of the record. Section 11564, General Code. From the record it appears that the errors complained of may be exemplified without a bill of exceptions.

The motion is overruled.

Motion overruled.

MILLER, P.J., HORNBECK and WISEMAN, JJ., concur.