Jenney v. Walker

Citations

• 80 Ohio St. (N.S.) 100

Syllabus

<p>Appeal from probate court to common pleas — Does not vacate judgment appealed from — Error for court to so decree — When appeal proceedings are dismissed — Court procedure.</p> <p>1. An appeal from a judgment of the probate court to the court of common pleas, although properly taken and perfected, does not operate to vacate or annul the judgment appealed from, but merely suspends its execution or enforcement during the pendency of such appeal in the appellate court.</p> <p>2. If after the taking and perfecting of such appeal, the appellant commences a proceeding in error in the court of common pleas to obtain a reversal of the judgment appealed from, and thereafter, without objection and before trial, said appeal is dismissed and abandoned, it is error for the court to then dismiss said proceeding in error without other reason therefor than that the appeal taken, vacated and extinguished the judgment appealed from and left no judgment to be reviewed</p>