Loos v. Wheeling & Lake Erie Ry. Co.

Prior to the adoption of the new Appellate Procedure Act (116 Ohio Laws, 104), effective January 1, 1936, many complexities arose with reference to the' determination of whether a cause was to be reviewed upon appeal or proceedings in error. Many litigants were deprived of a review by failure to invoke the appropriate procedure. Faced with such a situation in doubtful cases, oftentimes both an appeal and a petition in error were filed in reviewing courts. See Hull v. Bell Bros. & Co., 54 Ohio St., 228, 43 N. E., 584; Willson Improvement Co. v. Malone, 78 Ohio St., 232, 85 N. E., 51; Murray v.…