Cincinnati Polyclinic v. Balch
Citations
- 92 Ohio St. (N.S.) 415
Syllabus
<p>Court of appeals — Appeal and error — Jurisdiction—Controlled by Section 6, Article IV, Constitution, 1912 — Municipal court of Cincinnati — Section 1558-26, General Code (104 O. L., 188)— Limiting error proceedings, unconstitutional.</p> <p>1. Section 6, ArtYie IV of the Constitution of Ohio as amended September 3, 1912, confers jurisdiction upon the courts of appeals to review, affirm, modify or reverse the judgments of the court of common pleas, superior courts, and other courts of record within the district. The general assembly has no power to enlarge or limit the jurisdiction conferred by the constitution of the state, but may provide by law for the method of exercising that jurisdiction.</p> <p>2. Section 26 of the act of April 17, 1913 (103 O. L., 279), as amended February 6, 1914 (104 O. L., 187), in so far as it purports to limit the appellate jurisdiction of the court of appeals to review, affirm, modify or reverse the judgment of the courts of common pleas within its district, is unconstitutional and void.</p>
Judges: Donahue, Johnson, Jones, Matthias, Newman, Nichols, Wanamaker
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