Tenesy v. City of Cleveland

It is apparent that the controlling question in this case is whether, when an appeal is taken on questions of law, Section 11564, General Code, as now in force, requires the filing of the bill of exceptions or objections in the trial court, within forty days after the overruling of the motion for a new trial, to enable the reviewing court to consider its contents.

Several of the Courts of Appeals have answered this question affirmatively, and we find ourselves in accord.

The pertinent part of Section 11564, General Code, now as before amendment, pertains exclusively to the trial court. Boone v.…