Legal Opinion

Ruby v. Wolf

Ohio Court of Appeals

Decided May 4, 1931PublishedCited by 36 opinions

1Opinion of the Court

LEVINE, PJ.

This matter is presented to us entirely upon the transcript as no bill of exceptions was’ filed in this court.

The1 power of courts to adopt the practice of entering orders, judgments and decrees nunc pro tunc is recognized. It is likewise settled that an order ifunc pro tunc cannot be granted upon mere guess but must be grounded on personal recollection of the court, or from records or minutes of the testimony of witnesses having knowledge, thereof.

Helle v Public Utilities Commission, 118 Oh St, 434:

“The power to enter nunc pro tunc orders is inherent in courts of justice. This…

2Cited by36 opinions

  1. Dentsply International, Inc. v. KostasOhio Court of Appeals · 1985
  2. Black v. Industrial CommissionArizona Supreme Court · 1957
  3. Hobson v. Dempsey Construction Co.Supreme Court of Iowa · 1943
  4. Hayes v. CommissionerUnited States Tax Court · 1993
  5. Mosley v. Cuyahoga Cty. Bd. of Mental RetardationOhio Court of Appeals · 2011

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