Legal Opinion

Damar Realty Co. v. City of Cleveland

Ohio Supreme Court

Decided November 25, 1942No. 29128PublishedCited by 6 opinions

1Opinion of the Court

"Williams, J.

Was the Court of Appeals justified in dismissing the appeal for failure to file an appeal bond within the time required by statute?

Jurisdiction of the Court of Appeals is fixed by Section 6, Article IV of the Constitution, and under the power conferred a party aggrieved by a judgment of the Court of Common Pleas in a case in chancery has two remedies: (a) He may seek a trial de novo or (b) he may seek a review of the judgment, in which latter event the Court of Appeals may affirm, modify or reverse the judgment for alleged errors of the court below.

Though the constitutional…

2Cases cited3 opinions

  1. Loos v. Wheeling & Lake Erie Ry. Co.Ohio Supreme Court · 1938
  2. Manning v. Village of LakewoodOhio Supreme Court · 1916
  3. Bennett v. BennettOhio Supreme Court · 1938

3Cited by6 opinions

  1. State Ex Rel. Curran v. BrookesOhio Supreme Court · 1943
  2. Miller v. GarrettOhio Court of Appeals · 1954
  3. Hudson v. RobinsonOhio Court of Appeals · 1957
  4. James B. Clow & Sons, Inc. v. Western Casualty & Surety Co.Ohio Court of Appeals · 1962
  5. Maro v. BorakOhio Court of Appeals · 1959

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