Legal Opinion

Cincinnati Traction Co. v. Ruthman

Ohio Supreme Court

Decided October 31, 1911No. 11919Published

Error to the Circuit Court of Hamilton county. The question involved in the case relates to the refusal of the circuit court to consider a bill of exceptions, and the sustaining of a motion to strike the same from the files.

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Error to the Circuit Court of Hamilton county. The question involved in the case relates to the refusal of the circuit court to consider a bill of exceptions, and the sustaining of a motion to strike the same from the files. It appears by the record that in a suit pending in the court of common pleas of Hamilton county, wherein John Ruthman (here defendant in error) was plaintiff, and The Cincinnati Traction Company (here plaintiff in error) was defendant, a verdict was rendered in favor of the plaintiff and against the defendant at the January Term, 1908, to-wit, January IS, 1908. Motion for…

1Opinion of the CourtSpear, C. J.

It was shown to the circuit court by the affidavit of the trial judge, no evidence being offered to contradict it, that he received from the clerk of the common pleas, a bill of exceptions in said case, April 8, 1908, and endorsed that he had so received it. Also with it certain objections and certain affidavits; that on April 11 there were filed and received certain other affidavits; that on April 13, there appeared before him in his con*68sultation room counsel of record for both parties, and that he then and there considered the affidavits and heard the objections to the bill, and after such…

2Cases cited5 opinions

  1. Hake v. StrubelIllinois Supreme Court · 1887
  2. Ferris v. Commercial National BankIllinois Supreme Court · 1895
  3. Chaplin v. Illinois Terminal RailroadIllinois Supreme Court · 1907
  4. Olds v. North Chicago Street RailroadIllinois Supreme Court · 1897
  5. Parker v. KuhnNebraska Supreme Court · 1886

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