Burchard v. State

Citations

• 83 Ohio St. (N.S.) 1

Syllabus

<p>Trial before mayor, justice of peace or police judge — Defendant excepts to decision — Bill of exceptions prepared and filed — According to Section 6565, Revised Statutes — Not essential to jurisdiction of common pleas court — That judge of trial court below note signing and filing pn his docket — Law of court procedure.</p> <p>Where a case is tried before a justice of peace, mayor or police judge, and the defendant, during the progress of such trial, “excepts to the decisions of the justice of the peace, mayor or police judge upon matters of law arising in the case,” and a bill of exceptions is prepared, signed and filed in accordance with Section 6565, Revised Statutes (Bates’), it is not essential to the jurisdiction of the court of common pleas where such bill is filed for a review of said decisions, that the justice of the peace, mayor or police judge “note such signing and filing in his docket” as required by said section. The failure of the officer to make the notation in his docket does not warrant the court of common pleas in refusing to consider and pass upon the questions contained in the bill of exceptions.</p>