Craig v. Welply

Citations

• 104 Ohio St. (N.S.) 312

Syllabus

<p>Court of appeals — Error proceedings — Jurisdiction and procedure —Section 6, Article 17, Constitution — Schedule to Constitution, 1912 — Existing laws — Section 12210, General Code — Seventy-day limitation begins, when — Judgment date or overruling motion for new trial.</p> <p>1. Section 6, Article IV of the Constitution as amended in 1912, confers jurisdiction upon courts of appeals to review, affirm, modify or reverse judgments of courts of common pleas, superior courts and other courts of record within the district, and the general assembly has no power to enlarge or limit that jurisdiction, but may provide by law the method of exercising it. The Schedule to the Constitution adopted in 1912 saves the laws then in force which are not inconsistent therewith, and statutory provisions then existing applicable to the method of exercising jurisdiction are still valid and effective.</p> <p>2. The limitation of time provided by Section 12270, General Code, within which proceedings to reverse, vacate or modify a judgment shall be commenced, begins to run from the date of the judgment sought to be reversed and not from the overruling of a motion for a new trial in the cause.</p>