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· 11/22/1921

Austin v. Morris

Citations

  • 103 Ohio St. (N.S.) 449

Syllabus

<p>Appeal and error — Bond—Mistake and amendment — Section ii363, General Code — Obligees names omitted from bond.</p> <p>1. If a litigant has intended to and in good faith taken steps to file an appeal bond with the clerk of court, who approves the same, and a mistake has been made therein in any respect, whether in form or substance, Section 11363, General Code, authorizes the appellate court, in furtherance of justice, to permit its amendment.</p> <p>2. Where such a bond has been filed with the clerk, but the names of the obligees have not been inserted in the blank space provided for that purpose, it is not error to permit the names of the obligees to be inserted in the space so provided.</p>

Judges: Hough, Johnson, Jones, Marshall, Matthias, Robinson, Wanamaker

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