Kleinhenz v. Kleinhenz

OPINION

By BARNES, PJ.

Counsel for defendant in error, in support of motion, cite the following Ohio cases and also §§11230 and 11231 GC:

Zakrzewski v Lehczycki, 50 Oh Ap, 116, (18 Abs 529). The above entitled case was affirmed by the Supreme Court in 129 Oh St 462.

McLarren v Myers, Admr., 87 Oh St, 88.

The syllabus in 50 Oh Ap, 116, supra, reads as follows:

“A petition in error will be dismissed where a summons in error is inadvertently not issued until the statutory period has expired, although the petition in error and praecipe for summons was filed within the seventy day limitation.”

The short…