Opinion
No. 26065
Decided July 27, 1938.
Mandamus — Verdict and judgment for plaintiff affirmed by Court of Appeals — Record certified to Supreme Court by two judges of Court of Appeals — Supreme Court reversed and entered final judgment — Mandamus to compel Common Pleas Court to issue execution on reversed judgment — Jurisdiction of Supreme Court of record certified after Court of Appeals entered judgment — Supplementing written release by parol evidence.
IN MANDAMUS.
Mr. Matthew L. Bigger, for relator.
Mr. Donald J. Hoskins, prosecuting attorney, and Messrs. Wilson Rector, for respondents.
This cause was submitted on briefs of counsel upon the demurrer by The Cleveland, Cincinnati, Chicago St. Louis Railway Company to the petition, which demurrer was filed subsequent to the former decision of this court on December 9, 1936.
All issues presented having been heretofore decided by this court, it is ordered and adjudged that the demurrer of The Cleveland, Cincinnati, Chicago St. Louis Railway Company be, and the same is hereby, sustained on authority of Cleveland, Cincinnati, Chicago St. Louis Ry. Co. v. Green, 126 Ohio St. 512, 186 N.E. 365, and State, ex rel. Green, v. King, Clerk of Courts, 132 Ohio St. 139, 5 N.E.2d 407.
Demurrer sustained and writ denied.
WEYGANDT, C.J., MATTHIAS, DAY, ZIMMERMAN, WILLIAMS and GORMAN, JJ., concur.
MYERS, J., not participating.