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· 12/7/1915

Chicago Ornamental Iron Co. v. Rook

Citations

  • 93 Ohio St. (N.S.) 152

Syllabus

<p>Courts -of appeals — Reversals by two judges — Where no evidence sustains judgment — Section 6, Article IV, Constitution, 1912— Supreme court — Questions to be determined — Negligence.</p> <p>1. The provision of Section 6 of Article IV of the Constitution, as amended September 3, 1912, requiring all the judges of a court of appeals to concur in a judgment reversing a judgment of a court of common pleas, superior court or other court of record upon the weight of the evidence, has no application to a case where two of the judges of that court find thát the judgment of the common pleas court is not sustained by any evidence.</p> <p>2. A cause properly in this court is here for the determination of all questions presented by the record.</p>

Judges: Donahue, Johnson, Jones, Matthias, Newman, Nichols, Wanamaker

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