State ex rel. Banaszkewycz v. Merrick

Relator filed his motion in the Probate Court, apparently relying on the authority of Section 2729.01, Revised Code, which states:

*235“When the records, dockets, journals, and files, or any part thereof, of any Probate Court have been lost * * * upon the application of a party interested * * # the [Probate] Court may order the restoration of any * * * record of any proceeding or document required to be recorded or filed * *

Thus, the Probate Court had power to grant such motion. The question of whether the motion should be granted was decided by the Probate Court adversely to relator. Its judgment…