Legal Opinion

Mounts v. Eclipse Motor Lines, Inc.

Ohio Court of Appeals

Decided October 13, 1949No. 4273Published

1Opinion of the Court

OPINION

By WISEMAN, J.

This is an appeal on questions of law from the judgment of the Common Pleas Court of Franklin County, Ohio, sustaining a motion to quash service of summons and dismissing the action against the Eclipse Motor Lines, Inc.

The exhibits in the form of affidavits presented to the trial court in support of the motion to quash cannot be considered by this court, as there is no bill of exceptions. The affidavits are attached to the transcript of the docket and journal entries and original papers. The affidavits being used in proof of an issue of fact are not a part of the record,…

2Cases cited2 opinions

  1. Simes v. Dayton-Xenia Ry Co.Ohio Court of Appeals · 1937
  2. Langan v. KessingerOhio Court of Appeals · 1936

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