Bayes v. Midland Casualty Co.

Citations

• 92 Ohio St. (N.S.) 303

Syllabus

<p>Jurisdiction — Court of appeals — Two judges cannot reverse judgment — On weight of evidence — Section 6, Article IV, Constitution, igi2 — Case submitted to two judges — Assignment of error waived, when.</p> <p>1. The court of appeals acquires its jurisdiction directly and solely from the constitution, as amended September 3, 1912. Under the provision of Section 6, Article IV, that no judgment of a court of common pleas, a superior court or other court of record shall be reversed except by the concurrence of all the judges of the court of appeals on the weight of the evidence, two judges of that court are without constitutional authority to reverse a judgment upon that ground and no act or consent of parties can confer such authority.</p> <p>2. Where the plaintiff in error in the court of appeals does not avail himself of the right 'to have a whole court, consisting of three judges, review the judgment of which he complains, but submits the cause to two judges of the court, he thereby waives the assignment of error that the verdict or judgment is against the manifest weight of the evidence.</p>