Brown v. Coal Co.
Ohio Supreme Court
Motion by defendant to dismiss petition in error filed by plaintiff to the judgment of tbe Circuit Court of Franklin County. The facts are sufficiently stated in the syllabus.
1Opinion of the CourtSpeak, J.
Two grounds are urged in support of the motion to dismiss, (1) That the judgment on the merits cannot be reviewed because .the statute of limitations had cut off the right to prosecute error at the time the petition in error was filed; and (2) That the overruling of the motion for the new trial cannot be reviewed because no bill of exceptions was taken to the overruling of the motion.
The act in force and applying to the case is the act of March 28,1889, (section 6723, Revised Statutes,) which provides that “No proceedings to reverse, vacate, or modify a judgment or final order shall be…
2Cases cited1 opinion
- Morgan v. BoydOhio Supreme Court · 1862