City of Akron v. Roth

Citations

• 88 Ohio St. (N.S.) 456

Syllabus

<p>Supreme court jurisdiction—To review judgments of cases in lower c our ts~Cases pending in the circuit courts on January I, 1913, subject to appeal, to and review by supreme court, when—All cases pending in the courts of common pleas on January 1, 1913, subject to review only by court of appeals except, when—Limitation of seventy days from date of judgments of court of appeals— For tiling of application for hearing in supreme court except, when—Court procedure—Rules for advancement from lower to upper courts.</p> <p>1. In determining the manner in which the exercise of the authority of this court to review judgments of the court of appeals in “cases of public or great general interest” under the constitutional amendments of 1912 shall be invoked conclusive effect should be given to the following provisions of the fourth article which relate especially to that subject: “In cases of public or great general interest the supreme court may, within such limitation of time as may be prescribed by law, direct any court of appeals to certify its record to the supreme court, and may review, and affirm, modify or reverse the judgment of the court of appeals;” and “All pending cases and proceedings in the circuit courts shall proceed to judgment and be determined by the respective courts of appeals, -and the supreme court, as now provided by law, and cases brought into said court of appeals after the taking effect hereof shall be subject to the provisions hereof.” In order that such effect may be given them, the provision of the final schedule that “all cases pending in the courts on the first day of January, 1913, shall be heard and tried in the same manner and by the same procedure as is now authorized by law” must be regarded as meaning that all cases pending in the several courts of the state shall proceed in such courts according to existing procedure.</p> <p>2. In the procedure prescribed by the provisions of the fourth article all judgments which the court of appeals