Acosta v. Echt

Appeal on questions of law from the entry of a summary judgment in favor of defendants-appellees. Defendants moved the court to enter a summary judgment on their behalf “and in support of such motion, and in accordance with Section 2311.041, Bevised Code, defendants refer the court to ‘Exhibit No. 1,’ deposition of the plaintiff, and to defendant’s brief filed herewith.” Exhibit No. 1 is a carbon copy of a deposition of the plaintiff taken by defendants as upon cross-examination, which is certified by the notary public.

The journal entry recites:

“Upon consideration of the motion for summary…