Clancy v. Cleveland Trust Co.

99 N.E.2d 483 (1951)

155 Ohio St. 434

In re CROKE'S ESTATE.

CLANCY

v.

CLEVELAND TRUST CO.

No. 32302.

Supreme Court of Ohio.

May 23, 1951.

Wilbert J. O'Neill and Robert J. Newton, Cleveland, for appellant.

Baker, Hostetler & Patterson and Dwight B. Buss, all of Cleveland, for appellee.

HART, Judge.

At the threshhold of the consideration of this case, we are met with a question of procedure. Since the Court of Appeals struck the bill of exceptions from the files for the reason that it was not seasonably filed as required by Section 11564, General Code, could that court, in the absence of such bill…