Legal Opinion

McLees v. Morrison

Ohio Supreme Court

Decided December 15, 1876PublishedCited by 4 opinions

Motion for leave to file a petition in error to the District Court of Muskingum county.

1Opinion of the Court

By the Court.

Under section 113 of the justices’ code (S. & S. 419), which makes it the duty of the appellant to-file the transcript with the clerk of the court of common pleas “ on or before the thirtieth day from the rendition of the judgment appealed from,” if said thirtieth day falls on Sunday the transcript can not be filed on the next succeeding-day, the provisions of section 597 of the code of civil procedure not being applicable in such cases, but only applicable to cases provided for in the code of civil procedure-itself.

Motion overruled.

2Cited by4 opinions

  1. Neiswander v. BricknerOhio Supreme Court · 1927
  2. Meyers v. Seinsheimer, Court of Common Pleas of Ohio, Hamilton County1898
  3. Pfister v. BotsfordCuyahoga Circuit Court · 1905
  4. United Excavating Co. v. SanduskyOhio Court of Appeals · 1963