Bradford v. Watts
Ohio Supreme Court
Chancery. It did not apuear on the minutes of the Court of Common Pleas, that notice of an appeal was given on the records of the court at the term when the decree below was rendered; but at a subsequent term, the counsel having satisfied the court that he stated in court at the former term, that he gave notice of appeal, moved for an order to enter the notice then as of the former term, which was granted.
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Chancery. It did not apuear on the minutes of the Court of Common Pleas, that notice of an appeal was given on the records of the court at the term when the decree below was rendered; but at a subsequent term, the counsel having satisfied the court that he stated in court at the former term, that he gave notice of appeal, moved for an order to enter the notice then as of the former term, which was granted. The bond was drawn in the name of all the complainants, as obligors, including the name of one whom the complainant had obtained leave to erase from the proceedings in the Court of Common…
1Opinion of the CourtWright, J.
Three causes are assigned as the ground of this motion to quash; but we shall at present consider only one of them, that which regards the power of the Court of Common Pleas to make the nunc pro tune order for entering the notice.
The case of Ludlow's heirs v. Johnston, 3 O. 577, seems conclusive upon the point. It was there held that a nunc pro tunc *510order could not be made upon matter resting wholly in parol. That case decided that if the cause is gone from the jurisdiction of the court, it can make no order relating to it. If the case before us was appealed, as is claimed, it was appealed by…
2Cases cited2 opinions
- Wood v. FitzgeraldOregon Supreme Court · 1870
- Capital Lumbering Co. v. HallOregon Supreme Court · 1882