Crawford v. Weidemeyer

Citations

• 93 Ohio St. (N.S.) 461

Syllabus

<p>Courts of appeals — Conflict of judgments — Finding may be made after term, when — Certification of record to supreme court— Seventy-day limitation■ — Rules of construction.</p> <p>1. That meaning should he ascribed to the language of a constitutional amendment which will not thwart or defeat, but which will accomplish, the purpose of its enactment and adoption, and the context will be examined to ascertain such purpose.</p> <p>2. The provisions of Section 6, Article IV of the Constitution, authorizing the certification of a case to the supreme court by the judges of the court of appeals because of a conflict of a judgment agreed upon by them and a judgment pronounced by another court of appeals, should be so interpreted as to authorize some limitation of time for the filing of such case in the supreme court.</p> <p>3 Such constitutional provision, that the finding of conflict shall •be made by the judges of the court of appeals, authorizes the making and entering of such finding either during or after the term at which the judgment in such case is rendered, but the jurisdiction of the supreme court cannot be invoked in such case unless a finding of such conflict is entered and the record certified to and filed in the office of the clerk of the supreme court within seventy days after the entry of judgment in the court of appeals, that limitation of time being hereby prescribed.</p> <p>4. Such limitation, however, will not be given a retroactive effect, and therefore shall apply only to cases certified to and filed in this court subsequent to May 1, 1916.</p>