Lewis v. Public Finance Corp. of Youngstown No. 3

I concur in the judgment solely because, in my opinion, there is no bill of exceptions before this court to portray the errors assigned by the defendant, appellant herein, and I express no opinion on the merits of these assignments.

It must be remembered that the defendant is here on appeal not by way of a cross-appeal but by way of a wholly independent appeal initiated by the filing of its notice of appeal on December 18, 1965. The plaintiff’s appeal (Case No. 4554) had been terminated by a journal entry of dismissal theretofore filed on December 2, 1965.

It is not disputed that the defendant…