Opinion
No. 138
Decided March 26, 1947.
Appeal — On questions of law — Motion to amend notice overruled, when — Divorce action — No appeal bond filed.
A motion to amend a notice of appeal from an "appeal on questions of law" to an "appeal on questions of law and fact" will be overruled where the action is one for divorce in which an appeal on questions of law and fact may not be taken and in which no appeal bond has been filed as required by Section 12223-6, General Code.
APPEAL: Court of Appeals for Shelby county.
ON MOTION to amend.
Mr. Royon G. Hess and Mr. R.E. Boller, Jr., for appellant.
Mr. E.J. Garmhausen and Mr. Richard P. Faulkner, for appellees.
This cause is submitted on motion of appellant to amend the notice of appeal to read, "said appeal is on questions of law and fact," instead of reading, "upon questions of law, only."
The action is one for divorce, which is a statutory proceeding in which an appeal on questions of law and fact may not be taken. Furthermore, no appeal bond having been filed as required by Section 12223-6, General Code, an appeal on questions of law and fact cannot be maintained. The motion to amend is overruled.
Motion overruled.
WISEMAN, P.J., MILLER and HORNBECK, JJ., concur.