Legal Opinion

State ex rel. Anderson v. Spence

Ohio Supreme Court

Decided May 16, 1916No. 15197PublishedCited by 5 opinions

In Mandamus. This case was submitted upon a demurrer to the petition in mandamus filed in this court. On the 10th day of December, 1915, in an action pending in the court of appeals of Belmont county, on appeal from the court of common pleas, in which Ella L. Galloway and Eva E. Coventry, as administratrices of the estate of Sarah Coventry, deceased, were plaintiffs, and the relator herein, John H. Anderson, was defendant, a judgment was rendered in favor of plaintiffs.

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In Mandamus. This case was submitted upon a demurrer to the petition in mandamus filed in this court. On the 10th day of December, 1915, in an action pending in the court of appeals of Belmont county, on appeal from the court of common pleas, in which Ella L. Galloway and Eva E. Coventry, as administratrices of the estate of Sarah Coventry, deceased, were plaintiffs, and the relator herein, John H. Anderson, was defendant, a judgment was rendered in favor of plaintiffs. On the same day a motion for new trial was overruled. On the 2d day of February, 1916, the relator herein, who was defendant…

1Opinion of the CourtNewman, J.

The authority for the filing of a bill of exceptions is found in Section 11564, General Code, which is as follows:

“When the decision is not entered on the record, or the grounds of the objection do not sufficiently appear in the entry, or the exception is to the decision of the court on a motion to direct non-suit, or to arrest the evidence from the jury, or for a new trial for misdirection to the jury, or because the verdict, or if a jury is waived, the finding of the court is against the law and the evidence, or on the admission or rejection of evidence, the party excepting must reduce his…

2Cited by5 opinions

  1. Luff v. StateOhio Supreme Court · 1925
  2. State ex rel. Ctr. for Media & Democracy v. YostOhio Supreme Court · 2024
  3. Jarboe v. Workingmen's Overall Supply Co.Ohio Court of Appeals · 1938
  4. State ex rel. Ctr. for Media & Democracy v. YostOhio Supreme Court · 2024
  5. Anderson v. GallowayOhio Supreme Court · 1916

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