Rocca v. Rosenstiel

G. \7. Rosenstiel brought an action in forcible entry and detainer against Anna Rocca in rhe Cincinnati Municipal Court; and recovered judgment on June 19, 1924. On July 80, 1924, a petition in error, transcript, bill of exceptions, etc. were filed in the Hamilton Common pleas. On motion, this court struck the petition in error from the files on the ground that same was not filed by leave of court and tiie proceedings were dismissed.

Error was prosecuted by Rocca to reverse this judgment. The Court of Appeals held:

1. If leave of court is not necessary in order to file a petition in error in a…