Charles v. Fawley

Citations

• 71 Ohio St. (N.S.) 50

Syllabus

<p>Judgments and orders may be entered nunc pro tunc, when— Petition in error for reversal may be filed in Supreme Court, when — Act to amend requirement in appeal relates to remedy, when — Section 79, Revised Statutes — Court procedure — Effect of amendment of statute upon pending action.</p> <p>1. Judgments and orders may be entered nunc pro tunc in furtherance of justice only, and when an order dismissing an appeal is SO' entered by the circuit court, a petition in error for its reversal may be filed in the Supreme Court at any time within four months from the date of its actual entry.</p> <p>2. An act to amend the statutory requirement respecting notice of an intention to appeal from the judgment of the court of common pleas to the circuit court, with a view to a trial dé novo, relates to the remedy, and, unless the amending act expressly provides otherwise, a party may, under favor of section 79, Revised Statutes, give such notice in the mode prescribed by the statute in force at the commencement of the original action.</p>