Legal Opinion
State Ex Rel. Curran v. Brookes
Ohio Supreme Court
Decided July 14, 1943No. 29395PublishedCited by 36 opinions
1Opinion of the CourtBell, J.
The record squarely presents the question of the jurisdiction of this court to entertain this appeal. More concretely stated the jurisdictional question is: Did the respondents file a motion for a new trial or give notice of appeal after judgment, within the time limited by law? If not then there is no basis for the appeal and the cause should be dismissed for want of jurisdiction.
The authority for a proceeding in mandamus is statutory. Sections 12283 to Section 12302, both inclusive, General Code.
In the case of State, ex rel. Cope, v. Cooper, Gov., 121 Ohio St., 519, 169 N. E., 701,…
2Cases cited4 opinions
- Loos v. Wheeling & Lake Erie Ry. Co.Ohio Supreme Court · 1938
- Bauer v. GrinsteadOhio Supreme Court · 1943
- State Ex Rel. Cope v. CooperOhio Supreme Court · 1930
- Damar Realty Co. v. City of ClevelandOhio Supreme Court · 1942
3Cited by36 opinions
- State ex rel. Pendell v. Adams County Board of ElectionsOhio Supreme Court · 1988
- Smith v. StateSupreme Court of Delaware · 2012
- Harkai v. Scherba Industries, Inc.Ohio Court of Appeals · 2000
- State ex rel. Tyler v. AlexanderOhio Supreme Court · 1990
- State ex rel. Downs v. PaniotoOhio Supreme Court · 2006
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