Hocking Valley Railway Co. v. Cluster Coal & Feed Co.
Ohio Supreme Court
Error to the Court of Appeals of Franklin county. On November 29, 1915, the defendant in error, as claimant, filed its complaint against the railway company before the public utilities commission, claiming an overcharge of $2.19 on certain shipments of coal. The commission, having found that amount due the coal company, certified its findings to the clerk of the court of common pleas of Franklin county, Ohio.
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Error to the Court of Appeals of Franklin county. On November 29, 1915, the defendant in error, as claimant, filed its complaint against the railway company before the public utilities commission, claiming an overcharge of $2.19 on certain shipments of coal. The commission, having found that amount due the coal company, certified its findings to the clerk of the court of common pleas of Franklin county, Ohio. The clerk of that court docketed the case in compliance with Section' 580, General Code, and entered up the findings of the commission as a judgment against the railway company. Error…
1Opinion of the CourtJones, J.
Section 579, General Code, provides that if the public utilities commission finds in favor of a claimant it shall certify its findings to the clerk of the court of common pleas of the county in which the claimant resides or where the railroad or any of its offices are maintained.
Section 580, General Code, provides that within thirty days from the receipt of such findings by the clerk, the railroad company may by motion cause the same to be docketed as a civil action in said court, and that if no such motion is filed “the clerk shall enter up the finding of the commission as a judgment and the…
2Cases cited9 opinions
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Wall v. HealdCalifornia Supreme Court · 1892
- Bullard v. . SherwoodNew York Court of Appeals · 1881
- Sperling v. CalfeeMontana Supreme Court · 1888
- Utah Ass'n of Credit Men v. BowmanUtah Supreme Court · 1911
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