Legal Opinion

Wright v. Utzinger

Ohio Court of Appeals

Decided February 13, 1942No. 3410PublishedCited by 1 opinion

1Opinion of the Court

*218OPINION

By BARNES, J.

The above-entitled cause is now being determined as an error proceeding by reason of plaintiff’s appeal from the judgment of the Court of Common Pleas of Franklin County, Ohio.

The notice of appeal erroneously states that the appeal is taken on law and fact. However, a bill of exceptions was duly filed within statutory time and all future proceedings are in line with an error proceeding.

No appeal bond was filed and if for no other reason, this bars the hearing as a chancery case.

We have no difficulty in determining that the action was purely one for money and in no sense…

2Cases cited1 opinion

  1. Hudson v. MyersOhio Court of Appeals · 1933

3Cited by1 opinion

  1. Oestreicher's Inc. v. Swormstedt Storage & Van Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1954

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