Alter v. Shearwood

Plaintiff in error first attempted to invoke the appellate jurisdiction of this court by filing his motion to certify the record under the provisions of Section 2, Article IV, of the Ohio Constitution. This court overruled the motion to certify, but on the same day he filed his petition in error as a matter of right, claiming that he had a case “involving questions arising under the Constitution of the United States or of this state.”

In order to understand the basis of plaintiff in error’s claim, a brief history may be necessary. Plaintiff below, a minor, had filed his petition asking for…