American Insurance v. Ellsworth Freight Lines, Inc.

This is an appeal on questions of law from a judgment overruling a motion of plaintiff for a summary judgment and sustaining defendant’s motion for summary judgment.

In as much as the Summary Judgment Act was enacted without the saving clause within the purview of the provisions of Section 1.20, Revised Code, there is serious question whether such act is applicable to a pending action. Schlagheck v. Winterfold, 108 Ohio App., 299. However, the respective parties, at the hearing on the appeal, in effect have stipulated that the matter be determined either as if the Summary Judgment Act be…