Kratzer v. Columbus & Southern Ohio Electric Co.

Plaintiff’s motion for reconsideration of the court’s order sustaining defendant’s motion to strike the bill of exceptions is overruled. The entry overruling plaintiff’s motion for a new trial was journalized April 21, 1964. Plaintiff filed her notice of appeal September 11, 1964. The bill of exceptions containing the testimony was filed on October 22,1964.

The question presented is whether the requirement of Section 2321.05, Revised Code, that “the appellant must prepare and file, within forty days of perfecting his appeal by filing a notice of appeal as provided by Section 2505.04 of the…