Ashland Oil & Refining Co. v. Lytle

This appeal on questions of law is before this court on motion to dismiss or, in the alternative, to affirm the judgment for failure to file a bill of exceptions claimed to be necessary to exhibit the errors complained of below.

Appellant contends the amendment of Section 2321.05 of the Revised Code, effective September 24, 1963, does away with the necessity of a bill of exceptions because the judgment entry in this case states the lower court in considering the cross-motions for summary judgment here considered the supporting [affidavits and, therefore, the errors complained of are exhibited…