Hrovat v. Cleveland Ry. Co.

In an error proceeding where the entire record is before the reviewing court, and an unsuccessful litigant seeks final judgment in his favor upon the uncontroverted facts, is a cross-petition in error necessary for that purpose? This court has sanctioned the rule that a final judgment may be rendered in a higher court in favor of the defendant in error without the necessity of filing a cross-petition for that purpose. In the following cases it does not appear that any cross-petition in error was filed by the defendant in error in the appellate court, or in this court, in his attempt to…