Berry v. American Endowment Co.

BY THE COURT

Submitted on motion of defendant in error to strike the petition in error from the files and for dismissal upon the grounds:

1. Said petition was not filed within the time set by the General Code of the State of Ohio for the commencing of an action in error.

2. The order upon which said petition in error was predicated was not a final order upon which such proceeding could be based.

An examination of the record discloses that the error proceedings is directed to an order of the trial court overruling a motion to strike the fifth amended petition of defendant in error from the files…