Giglio v. Konold

This appeal on questions of law is from an order overruling defendants’ motion to strike a pleading denominated “Supplementary Petition” from the files. The claimed error is, therefore, demonstrable from the record as disclosed by the transcript of docket and journal entries, without a bill of exceptions. Consideration of this appeal is therefore limited to that record. The petition denominated “Supplementary” will here be considered as a “supplemental” pleading under Section 2309.63 of the Revised Code, and the procedural requirements thereof deemed waived.

The original petition and amended…