State Dept of Liquor Control v. Dispatch Printing Co.

OPINION

By BARNES, J.

The question of jurisdiction may not be waived and is always a subject of inquiry whether or not presented on motion or in the briefs. The Supreme Court of Ohio in the case of King v Penn, 43 Oh St, 57, announces the following rule in Syl. 1:

“This court is without jurisdiction to hear and determine a proceeding in error which is not commenced by the time prescribed by statute after the rendition of the judgment complained of.

“Syl 2. Party to a proceedings in error can not by private agreement or consent of all by voluntary appearance (in the absence of facts which should…